Trade Law: Non-Violation Complaints – “Legitimate Expectations” & “Good Faith”
During my 21 years at the Department of Foreign Affairs and International Trade (DFAIT) – now known as Global Affairs Canada (GAC) – I was privileged to represent Canada in a number of GATT, WTO, and NAFTA trade disputes and one somewhat obscure but important case under the Canada- U.S. Free Trade Agreement (CUSTA). While the case was not a “headliner” the Panel decision in Puerto Rico Regulations on the Import, Distribution and Sale of UHT Milk from Québec [USA-CDA-1993-1807-01] was important in demonstrating the application of a claim of “non-violation nullification or impairment” (“NVNI”). One of the . . . [more]