MétaCan
Menu
Back to cohort
Record W317530427

NAFTA's Double Standard of Review

2007· article· en· W317530427 on OpenAlexaboutno aff
Juscelino F. Colares

Bibliographic record

VenueeYLS (Yale Law School) · 2007
Typearticle
Languageen
FieldSocial Sciences
TopicWorld Trade Organization Law
Canadian institutionsnot available
Fundersnot available
KeywordsAppealDeferenceAgency (philosophy)ScrutinyPolitical scienceMandateGovernment (linguistics)EnforcementLegislatureLaw and economicsStandard of reviewInternational tradeLawEconomicsBusinessJudicial reviewSociology
DOInot available

Abstract

fetched live from OpenAlex

Chapter 19 of the North American Free Trade Agreement (NAFTA) replaced court review of U.S. antidumping and countervailing duties with binding review by special binational panels of trade experts. It requires these panels to apply the same standard of review that U.S. courts use in trade remedy cases. Despite the centrality of this requirement to the Chapter 19 panel system, these panels have not adhered to this mandate. Chapter 19 panels overturn U.S. agency rulings much more often than the courts. In fact, they apply two different standards of review: exacting scrutiny where foreign producers and governments appeal, and near-absolute deference to agencies when U.S. industries appeal. In contrast, panels have shown great deference to Canadian agency determinations (which almost invariably find dumping exists) and favor Canadian industries seeking duties as often as foreign producers seeking their reduction or elimination. Previously suggested explanations - that Chapter 19 appeals involve different facts, that U.S. courts are inept, or that U.S. industries have captured U.S. agencies - fail to explain these phenomena. Rather, these discrepancies result from conflicting views about trade laws within the U.S. government, the relatively greater incentive of the Canadian government to control the Chapter 19 process through panel appointments and political action, and a procedural structure that makes it easy for panelists to override the U.S. legislative process. Proponents of free trade have, with some reason, warmly received Chapter 19. These discrepancies, however, may reduce the credibility of international dispute settlement and impede negotiations of other agreements.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.984
Threshold uncertainty score0.996

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0050.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.019
GPT teacher head0.304
Teacher spread0.285 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2007
Admission routes1
Has abstractyes

Explore more

Same venueeYLS (Yale Law School)Same topicWorld Trade Organization LawFrench-language works237,207