Is Canada considering extending the binational dispute settlement mechanism in Chapter 19 of the NAFTA to FTAA countries?
A dispute settlement mechanism must be tailored to the specific circumstances and requirements of each trade agreement. In this regard, Chapter 19 of the NAFTA, which allows for binational panel review in lieu of domestic judicial review of final anti-dumping and countervailing duty determinations, reflects the unique circumstances of that agreement. A separate negotiating group is considering the matter of dispute settlement. It would not appear appropriate, however, to extend NAFTA Chapter 19 to the broader FTAA.
