The Many Dimensions of Softwood Lumber

40 Pages Posted: 11 Sep 2007 Last revised: 4 Nov 2008

See all articles by Jeffrey L. Dunoff

Jeffrey L. Dunoff

Temple University - James E. Beasley School of Law

Abstract

The Softwood Lumber dispute between the U.S. and Canada is one of the longest and most expensive trade disputes in history. However, the Softwood Lumber dispute has been, if not misunderstood, at least underappreciated. To date, the dispute has attracted attention because of the substantial economic interests involved, the complexity and length of the litigation, and the doctrinal implications of the various decisions rendered in domestic and international proceedings. This paper seeks to demonstrate that Softwood Lumber's central importance lies elsewhere; for trade scholars, Softwood Lumber is of interest because it exposes three of the central challenges facing the international trade regime: the potential displacement of an international regime by a spagetti bowl of regional and bilateral treaties; the status of international trade norms in domestic courts; and the problem of selective and halting compliance by powerful states. But these challenges are, in turn, instantiations of three central challenges facing the field of public international law, namely the fragmentation of international law; the relationships among proliferating transnational courts; and the limits of (international) legalization. Thus, the systemic issues raised by Softwood Lumber provide a tour d'horizon of debates central to contemporary international trade law and public international law.

Keywords: softwood lumber, trade, Canada, United States, NAFTA, WTO, antidumping, international dispute settlement, international law

Suggested Citation

Dunoff, Jeffrey L., The Many Dimensions of Softwood Lumber. Alberta Law Review, Vol. 45, 2007; Temple University Legal Studies Research Paper No. 24. Available at SSRN: https://ssrn.com/abstract=1013609

Jeffrey L. Dunoff (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-8233 (Phone)
215-204-1185 (Fax)

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