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NAFTA & Trade Disputes

The majority of trade transactions in North America now take place under the rules and guidelines of the North America Free Trade Agreement (NAFTA) and the World Trade Organization (WTO). Trade disputes between governments and corporations of different countries are resolved primarily by NAFTA's committees and tribunals (NAFTA 1). Four sections of NAFTA are primarily responsible for these dispute settlement provisions.

Chapter Nineteen of NAFTA addresses duty and anti-dumping matters between countries (NAFTA 1). Chapter Twenty's provisions cover all other disputes not related to investment (Chapter Eleven) and other financial services matters (Chapter Fourteen) (NAFTA). The administration of disputes under each of these chapters is provided by the Canadian, U.S. and Mexican National Sections of the NAFTA Secretariat (NAFTA).

Nonetheless, regardless of under which chapter a NAFTA dispute arises, the dispute will always concern litigants or disputants from two different countries. Perhaps in the more expected type of case, these disagreements often arise between two different countries, as in the case of matters under Chapter Nineteen, which provides for a binational review instead of final judicial review for domestic decisions regarding anti--dumping and duty matters (NAFTA). For example, Mexico and the United States are currently attempting to harmonize their pollution standards due to disagreements over pollution control in Mexico ("Three Nation Panel" A1).

Since NAFTA was passed ten years ago, traffic at U.S. borders with both Canada and Mexico has increased significantly. Although NAFTA's drafters had anticipated certain environmental concerns after the Act's passage and created the Commission for Environmental Cooperation (CEC) as a result, the Act's drafters had not anticipated the problems resulting from transportation. The increased transportation has led to a significant increase in respiratory illnesses in ch...

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NAFTA & Trade Disputes. (1969, December 31). In LotsofEssays.com. Retrieved 13:13, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1696251.html