Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



China Law Blog Posting on Criminial Liability and Importing From China

This is the first time that I will refer Trade Lawyers Blog readers to China Law Blog.  China Law Blog has posted an article Bad China Products. Hey, It's a Criminal Thing - http://www.chinalawblog.com/2008/02/bad_china_products_hey_its_a_c.html

Take a look at this article and the comments that are being written on this important topic.  It is expected that more such criminal cases will be filed not only in the United States, but in Canada.  Canada is currently preparing new legislation to deal with food safety and consumer protection relating to imported products. 

I will predict that a new form of trade remedy will develop to allow litigation against importers and exporters of products that cause harm to consumers. 

An interesting question is whether any aspect of the criminal litigation would be considered to be discriminatory and contrary to wither MFN or national treatment principles.  This will be something to watch.  The Chapter 11 of the NAFTA case filed by Loewen against the United States (while ultimately not successful due to the fact the applicant had not exhausted all local remedies) may contain the seeds to a future WTO case in the area of the product safety litigation.

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