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Journal of International Economic Law Advance Access originally published online on February 4, 2009
Journal of International Economic Law 2009 12(1):115-151; doi:10.1093/jiel/jgn040
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© Oxford University Press 2009, all rights reserved

The Forest for the Trees: A Roadmap to Canada's Litigation Experience in Lumber IV

David Quayat*

* From April 2006 to January 2008, the author served as a policy officer and consultant to the Softwood Lumber Division, Foreign Affairs and International Trade Canada. E-mail: quayat{at}msn.com.


  Abstract

The ongoing feud over the export of Canadian softwood lumber to the US is likely one of the most litigated trade disputes in history. In April 2001, the fourth round of the lumber dispute commenced. The ensuing five-and-a-half years featured a number of cases being filed before panels constituted under the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO), as well as, for the first time, US domestic courts. During the summer of 2006, as with the two rounds of the dispute immediately before it, Canada and the US negotiated a settlement. This article presents a broad overview of the softwood lumber dispute and examines what was accomplished in the Lumber IV litigation. It explores the decisions rendered by NAFTA and WTO panels, as well as the historic foray by Canadian parties into the US courts. It also analyses lessons learned from the softwood lumber litigation, and the potential applicability of these lessons to other complex trade disputes.

The views and opinions contained in this article reflect the personal opinions of the author, and do not reflect the official position of the Government of Canada. The author wishes to thank University of Ottawa Professors J. Anthony Van Duzer and Debra Steger, Frank Morgan of White & Case LLP, and Hilary Young of Cox & Palmer for their advice and suggestions in improving this article. The author also wishes to thank his former colleagues at Foreign Affairs and International Trade Canada.


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