Desperate Softwood Lumber Companies?: The Canada–U.S. Softwood Lumber Dispute and NAFTA Chapter 11
The international trade law area is an arena where international tribunals are increasingly being used for the settlement of disputes. The Canada–U.S. softwood lumber dispute is a key example of how trade disputes have been made even more convoluted and intractable by the availability of multiple international and domestic fora for dispute settlement.
The author of this article explores the use of NAFTA c. 11 in the softwood lumber disputes and argues that it will be of limited use for both Canadian and U.S. softwood lumber companies in future disputes. The author posits that c. 11 will remain available solely to contest U.S. measures affecting Canadian softwood lumber to the extent they do not fall within U.S. antidumping and countervailing duty law (as defined under NAFTA c. 19).
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