Publication

This paper examines the implications of dispute settlement mechanisms for Canada's domestic policy sovereignty by analyzing the softwood lumber trade dispute with the US. It describes the settlement procedures, provides an overview of the softwood lumber controversy and examines substantive aspects of the panels' decision in detail. Particular attention is paid to the relative importance of legal standards, the factual evidence and the nationality of the panel members. The authors argue that the dispute resolution process had the potential to provide some protection for Canada, but ultimately was trumped by legislative changes in the US.