Choice of Jurisdiction in International Trade Disputes: Going Regional or Global?

Minnesota Journal of International Law, Vol. 16, pp. 1-59, 2007

59 Pages Posted: 26 Mar 2007

See all articles by Rafael Leal-Arcas

Rafael Leal-Arcas

Queen Mary University of London - School of Law

Abstract

This article is a legal and policy analysis of two international trade disputes fora, namely the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO), for countries that have standing in both jurisdictions, i.e., the United Mexican States, the United States of America, and Canada. Both fora are judicially compared from the perspective of the respondent and of the complainant, analyzing the advantages and disadvantages of each forum. The chosen time-frame of judicial analysis is between 1995 and 2001. The article concludes with two cases which may have been brought in either forum, Broomcorn and Canada - Patent Term, and recommends that, for the future, the Party concerned in international trade disputes would need to look at the factors compositely on a case-specific basis to determine whether a dispute should be brought under the WTO or the NAFTA.

Keywords: international trade disputes, NAFTA, WTO

JEL Classification: K33

Suggested Citation

Leal-Arcas, Rafael, Choice of Jurisdiction in International Trade Disputes: Going Regional or Global?. Available at SSRN: https://ssrn.com/abstract=975452

Rafael Leal-Arcas (Contact Author)

Queen Mary University of London - School of Law ( email )

67-69
Lincoln's Inn Fields
Holborn, London WC2A 3JB
United Kingdom

HOME PAGE: http://www.ccls.qmul.ac.uk/staff/lealarcas.html

Register to save articles to
your library

Register

Paper statistics

Downloads
301
Abstract Views
1,331
rank
99,084
PlumX Metrics