The North American Free Trade Agreement: Green Law or Green Spin?

摘要: Throughout the debate in United States on North American Free Trade Agreement (NAFTA)(1), environmental implications of NAFTA have loomed as an important factor.(2) Because was viewed environmentally inadequate by Clinton administration, three parties negotiated a side agreement, Environmental Cooperation (NAAEC).(3) The and NAAEC both came into force January 1, 1994, after bruising battle U.S. Congress.(4) Many those lobbying for NAFTA's approval Congress, including trumpeted "greenness" key reason adopting trade agreement. convoluted politics made strange bedfellows. members Congress interest groups not normally known strong advocacy highlighted benefits two agreements. For example, Congressman David Dreier (R-Calif.) stated that "NAFTA is pro-environment, free agreement hijacked extremist groups."(5) Conversely, some public officials were denied or would deliver significant benefit.(6) purpose this Article to analyze main issues involved debate, examining several critical questions such as: (1) Is really green, did proponents spin provisions far out proportion? (2) Does break new ground incorporating dimension agreements, are so-called "rights" just reaffirmation status quo?(7) (3) Did federal government "sell" honest manner? After these questions, concludes there very little "green" about NAFTA. This conclusion differs from conclusions reached most other commentators who studied aspects In author's opinion, good will economically benefit States. But since administration pointed support NAFTA, it useful arguments determine their veracity. much Administrations's rhetoric false. analysis proceed following manner: Part I explain rules General Tariffs (GATT),(8) they relate environment, order provide baseline judging significance II examine claims made, words proponents, compare them actual terms Agreement. focus mainly rather than NAAEC, because Canadian, Mexican, governments devoted considerable effort keeping track separate (the parallel track),(9) so seem inappropriate merge fact. Moreover, agreements legally separate. III discuss post-NAFTA developments: (NAAEC) Uruguay Round. IV put broader political context attempt draw conclusions. 1. GATT's Baseline A. Selecting offer brief primer GATT affecting measures. Since my analyzing only relating be discussed.(10) Besides GATT, relevant baselines which could used instance, compared Technical Barriers 1979 (known "Standards Code") all joined. …