Summary of the 1979 report.

• Position: North American Dispute Settlement

The following annotated edition of the 1979 Report and Recommendations of the American and Canadian Bar Associations Joint Working Group on the Settlement of International Disputes (1979 Report) is the product of a "demonstration research project" regarding dispute settlement between Canada and the United States. The Joint Working Group on the Settlement of International Disputes (JWG) provided in the 1979 Report an extensive historical survey of Canada-United States disputes and the mechanisms utilized to resolve the same. The 1979 Report provided two substantive recommendations: (1) the arbitration of disputes relating to the interpretation, application, or operation of any treaty in force between the United States and Canada and (2) the equalization of rights and remedies for private parties from both countries in cases of transfrontier pollution. The JWG presented its recommendation in the form of two draft treaties: (1) the Draft Treaty on a Regime of Equal Access and Remedy in Cases of Transfrontier Pollution and (2) the Draft Treaty on Third Party Settlement of Disputes. The respective bar associations ultimately adopted these draft treaties as possible bases for the negotiation between the two governments.

Part I of the 1979 Report provided a survey of the six classes of disputes that traditionally confronted the Canada-United States relationship: (1) boundary delimitation; (2) trade and investment; (3) trade in energy resources and energy policy; (4) the impact of one country's laws on the laws of the other; (5) transboundary environmental conditions; and (6) national defense. The 1979 Report's examination demonstrated that the two countries shared a long history of peaceful dispute resolution through ad hoc bilateral negotiations. However, the 1979 Report also highlighted a number of unresolved disputes such as disagreements regarding the delimitation of maritime and fishing-zone boundaries; the United States' imposition of countervailing duties on tire imports from Michelin plants in Nova Scotia, which the United States claimed was a legitimate response to Canada's "unfair practice" of subsidizing Michelin; and concerns over the transboundary air pollution generated in the Detroit-Windsor and Samia-Port Huron corridors.

Part II of the 1979 Report analyzed the various mechanisms available to Canada and the United States for avoiding, managing, and settling these unresolved disputes. The JWG supported consultation between the two...