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The 25th anniversary edition of the NAFTA and NAALC monograph in the International Encyclopaedia of Laws, Labour Law and Industrial Relations is a comprehensive and up-to-date 270-page resource that contains essential background on the structure and operation of labour provisions in North American free trade agreements, including NAFTA, USMCA, CAFTA-DR, TPP, CPTPP, TTIP, CETA, EU-Mexico, and Canadian and US bilateral free trade agreements with partners in Latin America and around the world. It also contains a complete digest of all of the citizen petitions filed under the NAFTA labour side agreement since 1994. The monograph includes early petitions filed about trade union rights at the Honeywell and Echlin plants in Mexico, the McDonald's case in Canada, and the Washington Apple and DeCoster Egg cases in the United States – not to mention recent petitions filed about migrant worker rights under the H-2A and H-2B visa programs in the US. In addition to being the most complete compilation of NAALC cases in existence today, NAFTA and the NAALC Twenty-Five Years of North American Trade-Labour Linkage outlines the internal mechanics leading to the filing of a 2000 NAALC petition with the Government of Mexico about unequal treatment of migrant workers in the US, and describes changes in the treatment of petitions by US, Mexican and Canadian authorities over the last 25 years. It also contains a chapter that compares the NAALC to the OECD Guidelines for Multi-National Enterprises and highlights recent North American cases filed under the OECD Guidelines including the relatively lesser known 2004 Yucatan Markey Tex-Coco Tex petition, which was dual filed under both mechanisms, and dual petitions filed under NAALC and the OECD Guidelines about working conditions at Chedraui grocery stores in Southern California and Northern Mexico. Highlights in 25th anniversary edition include: the first reports issued under labour provisions of Canadian and US FTAs with Colombia; the latest developments in pending cases filed under CAFTA-DR and the US-Peru FTA, including the 2017 decision by the first ever Arbitral Panel established under the labour provision of CAFTA-DR in the Guatemala labour case; addition of the 2006 labour petition filed under the US-Jordan FTA; new sections comparing labour provisions in multi-lateral FTAs such as TPP, CPTPP, CETA, and the proposed TTIP; NAALC petitions filed with the Government of Mexico about sexism in recruitment for temporary agricultural labour programs in Canada and the United States; and a new chapter comparing the NAALC to labour provisions in the signed, but not-yet-ratified USMCA.
The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994. The agreement was signed by President George H. W. Bush on December 17, 1992, and approved by Congress on November 20, 1993. The NAFTA Implementation Act was signed into law by President William J. Clinton on December 8, 1993 (P.L. 103-182). The overall economic impact of NAFTA is difficult to measure since trade and investment trends are influenced by numerous other economic variables, such as economic growth, inflation, and currency fluctuations. The agreement likely accelerated and also locked in trade liberalization that was already taking place in Mexico, but many of these changes may have taken place without an agreement. Nevertheless, NAFTA is significant, because it was the most comprehensive free trade agreement (FTA) negotiated at the time and contained several groundbreaking provisions. A legacy of the agreement is that it has served as a template or model for the new generation of FTAs that the United States later negotiated, and it also served as a template for certain provisions in multilateral trade negotiations as part of the Uruguay Round. The 115th Congress faces numerous issues related to NAFTA and international trade. President Donald J. Trump has proposed renegotiating NAFTA, or possibly withdrawing from it. Congress may wish to consider the ramifications of renegotiating or withdrawing from NAFTA and how it may affect the U.S. economy and foreign relations with Mexico and Canada. It may also wish to examine the congressional role in a possible renegotiation, as well as the negotiating positions of Canada and Mexico. Mexico has stated that, if NAFTA is reopened, it may seek to broaden negotiations to include security, counter-narcotics, and transmigration issues. Mexico has also indicated that it may choose to withdraw from the agreement if the negotiations are not favorable to the country. Congress may also wish to address issues related to the U.S. withdrawal from the proposed Trans-Pacific Partnership (TPP) free trade agreement among the United States, Canada, Mexico, and 9 other countries. Some observers contend that the withdrawal from TPP could damage U.S. competitiveness and economic leadership in the region, while others see the withdrawal as a way to prevent lower cost imports and potential job losses. Key provisions in TPP may also be addressed in 'modernizing' or renegotiating NAFTA, a more than two decade-old FTA. NAFTA was controversial when first proposed, mostly because it was the first FTA involving two wealthy, developed countries and a developing country. The political debate surrounding the agreement was divisive with proponents arguing that the agreement would help generate thousands of jobs and reduce income disparity in the region, while opponents warned that the agreement would cause huge job losses in the United States as companies moved production to Mexico to lower costs. In reality, NAFTA did not cause the huge job losses feared by the critics or the large economic gains predicted by supporters. The net overall effect of NAFTA on the U.S. economy appears to have been relatively modest, primarily because trade with Canada and Mexico accounts for a small percentage of U.S. GDP. However, there were worker and firm adjustment costs as the three countries adjusted to more open trade and investment. The rising number of bilateral and regional trade agreements throughout the world and the rising presence of China in Latin America could have implications for U.S. trade policy with its NAFTA partners. Some proponents of open and rules-based trade contend that maintaining NAFTA or deepening economic relations with Canada and Mexico will help promote a common trade agenda with shared values and generate economic growth. Some opponents argue that the agreement has caused worker displacement.
"October 1993." Includes bibliographical references (p. 186-189) and index.
Mexican cuisine has emerged as a paradox of globalization. Food enthusiasts throughout the world celebrate the humble taco at the same time that Mexicans are eating fewer tortillas and more processed food. Today Mexico is experiencing an epidemic of diet-related chronic illness. The precipitous rise of obesity and diabetes—attributed to changes in the Mexican diet—has resulted in a public health emergency. In her gripping new book, Alyshia Gálvez exposes how changes in policy following NAFTA have fundamentally altered one of the most basic elements of life in Mexico—sustenance. Mexicans are faced with a food system that favors food security over subsistence agriculture, development over sustainability, market participation over social welfare, and ideologies of self-care over public health. Trade agreements negotiated to improve lives have resulted in unintended consequences for people’s everyday lives.
This is a story about governance in Mexico after the labor and environmental accords—called "side agreements"—that accompanied the NAFTA treaty went into effect. These side agreements required member states to uphold and enforce their labor and environmental laws; though never codified, it was widely accepted that Mexico, in particular, had a problem with law enforcement. Side Effects explores how differences in institutional design (of the side agreements) and domestic capacity (between the labor and environment sectors) influenced norm socialization in Mexico. It argues that the acceptance of rule-of-law norms in environmental governance can be attributed to participating institutions' independence from national control, their willingness to give citizens access, and the professionalization and technical capacity of domestic bureaucrats and civil society actors. Changes in labor governance have been hampered by union confederations, longstanding corruption, and a closed opportunity structure. Going beyond a simple accounting exercise of resources devoted to enforcing the law, this book comes to grips with how best to strengthen local capacity and promote pro-norm behavior—advances essential to the task of development and democratization.
This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.
Analyzing the experience of Mexico under the North American Free Trade Agreement (NAFTA), 'Lessons from NAFTA' aims to provide guidance to Latin American and Caribbean countries considering free trade agreements with the United States. The authors conclude that the treaty raised external trade and foreign investment inflows and had a modest effect on Mexico's average income per person. It is likely that the treaty also helped achieve a modest reduction in poverty and an improvement in job quality. This book will be of interest to scholars and policymakers interested in international trade and development.