NAFTA as a Super-Statute-Treaty

NAFTA as a Super-Statute-Treaty

The U.S. Court of International Trade issued a fascinating opinion yesterday finding that the much-hated now-repealed Byrd Amendment could not be applied to goods from Canada and Mexico. (See the Bloomberg report on the decision)



For those who want a little background: the Byrd Amendment distributed duties collected on foreign goods, usually anti-dumping duties, and distributed those duties to domestic producers of those same foreign goods. Needless to say, this seriously annoyed those foreign producers, especially from Canada and Mexico, who brought a lawsuit in the U.S. Court of International Trade arguing that the Byrd Amendment could not be applied to NAFTA countries because NAFTA requires Congress to use “magic words” or a “clear statement” when it enacts a statute that purports to amend NAFTA. (The Byrd Amendment was recently repealed, but there is still a fight over the legality and distribution of duties gathered prior to the repeal).



The case is fascinating in its treatment of a number of issues arising from trade law, treaty law, and statutory interpretation. Here are a just a few that interest me:



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