United States-Canada Free Trade Agreement: Hearing Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, Second Session, on United States-Canada Free Trade Agreement, April 28, 1988, Հատոր 4U.S. Government Printing Office, 1988 - 837 էջ |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 2
... judges as members of the extraordinary challenge review panel ; sixth , the method of selection of the panels ; and seventh , lastly , the determination of how the review mechanism applies to cases that mix antidumping / countervailing ...
... judges as members of the extraordinary challenge review panel ; sixth , the method of selection of the panels ; and seventh , lastly , the determination of how the review mechanism applies to cases that mix antidumping / countervailing ...
Էջ 50
... judges or former judges . The committee would make a prompt decision to affirm , vacate , or remand the panel's decision . The Agreement also establishes a procedure for advisory panel review of amendments to U.S. or Canadian AD or CVD ...
... judges or former judges . The committee would make a prompt decision to affirm , vacate , or remand the panel's decision . The Agreement also establishes a procedure for advisory panel review of amendments to U.S. or Canadian AD or CVD ...
Էջ 67
... judges and arbitra- tors . Not only will panelists have to have many of the attributes of judges , but panels will also have to operate much like courts , under rules patterned on judicial rules of appellate procedure . While the two ...
... judges and arbitra- tors . Not only will panelists have to have many of the attributes of judges , but panels will also have to operate much like courts , under rules patterned on judicial rules of appellate procedure . While the two ...
Էջ 73
... judge whether the Commerce determination was " unsupported by substantial evidence on the record , or otherwise not in accordance with law . " The panel could not conduct a trial or substitute its judgment for that of the Commerce ...
... judge whether the Commerce determination was " unsupported by substantial evidence on the record , or otherwise not in accordance with law . " The panel could not conduct a trial or substitute its judgment for that of the Commerce ...
Էջ 74
... judges may be eligible , however , the FTA declares judges not to be " affiliated " with either government . Panelists would generally be selected from the roster . Individual panels will have five members , the United States and Canada ...
... judges may be eligible , however , the FTA declares judges not to be " affiliated " with either government . Panelists would generally be selected from the roster . Individual panels will have five members , the United States and Canada ...
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Common terms and phrases
action AD/CVD determinations AD/CVD laws administrative agency agree amendment American ANDERSON Anti-dumping Tribunal antidumping and countervailing apply Appointments Clause April 11 Article III court authority bilateral binational panel review binding Buckley Canadian Import Tribunal Chairman challenge Commerce Committee Company Congress congressional constitutional issues constitutionality Corporation countervailing duty Court of International Customs Dames & Moore domestic due process dumped or subsidized duty determinations effect established export federal courts foreign Free Trade Agreement FTA's GATT implementing legislation industry injury international agreement international arbitration international law International Trade Commission involving Jay's Treaty judges judicial power judicial review jurisdiction KASTENMEIER matter negotiations officers panel decisions panelists President private parties procedures provisions pursuant question roster rules Section Senate sovereign immunity Stat statute statutory subsidies Supreme Court tariff Treaty Series U.S. and Canada U.S. Const U.S. Court U.S. law U.S.-Canada United violate
Սիրված հատվածներ
Էջ 195 - It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.
Էջ 195 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States.
Էջ 377 - He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it.
Էջ 400 - As a part of this act of ratification that the United States approve the protocol and statute hereinabove mentioned, with the understanding that recourse to the Permanent Court of International Justice for the settlement of differences between the United States and any other State or States can be had only by agreement thereto through general or special treaties...
Էջ 339 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination.
Էջ 551 - To the Constitution of the United States the term sovereign is totally unknown. There is but one place where it could have been used with propriety. But, even in that place it would not, perhaps, have comported with the delicacy of those who ordained and established that Constitution. They might have announced themselves "sovereign" people of the United States: But serenely conscious of the fact, they avoided the ostentatious declaration.
Էջ 400 - Power shall select four persons at the most, of known competency in questions of international law, of the highest moral reputation, and disposed to accept the duties of Arbitrators.
Էջ 238 - At the same time there are matters, involving public rights, which may be presented in such form that the judicial power is capable of acting on them, and which are susceptible of judicial determination, but which congress may or may not bring within the cognizance of the courts of the United States, as it may deem proper.
Էջ 378 - ... congressional legislation which is to be made effective 257 through negotiation and inquiry within the international field must often accord to the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved.
Էջ 378 - Congress would be supported by the strongest of presumptions and the widest latitude of judicial interpretation, and the burden of persuasion would rest heavily upon any who might attack it.