The renegotiation and possible termination of the North American Free Trade Agreement (NAFTA) sparked a lot of interest and concern in light of the United States’ declared objective to “rebalance the benefits” of the agreement. This edited book provides an overview of the changes brought to the NAFTA by the United States-Mexico-Canada Agreement (USMCA) or NAFTA 2.0. Grouping leading academics and experts from the three countries, the book covers the major topics in the transition from the NAFTA to the USMCA. The book also sheds light on the evolution of North American economic integration within the past three decades and reflects on the significance of the regional integration model represented by the NAFTA and now the USMCA. The book is aimed at scholars, students, officials, professionals and interested citizens concerned by the big issues surrounding North American integration and economic globalization.
Author(s): Gilbert Gagné, Michèle Rioux
Series: Canada and International Affairs
Publisher: Palgrave Macmillan
Year: 2021
Language: English
Pages: 305
City: Cham
Preface
Contents
List of Contributors
Abbreviations
List of Figures
List of Tables
1 Introduction
The North American Free Trade Agreement
From NAFTA 1.0 to NAFTA 2.0
The United States–Mexico–Canada Agreement
The Book
References
2 Ratification and Implementation of the United–States–Mexico–Canada Agreement (USMCA)
Introduction
Amendment and Withdrawal Processes Under the NAFTA and the USMCA
Ratification and Implementation in Mexico
Ratification and Implementation in the United States
Ratification and Implementation in Canada
Steel and Aluminum Tariffs and the Protocol of Amendment to the USMCA
Conclusion
References
3 Canadian Federalism and International Trade: Ontario and Quebec’s Role in the Negotiation of USMCA/CUSMA/T-MEC
The renegotiation of the North American Free Trade Agreement (NAFTA)
Cooperation between federal and provincial levels
Closing the deal
Conclusion
References
4 Canada’s New Dairy Obligations Under USMCA and the Associated Implications for Canadian Dairy Producers and Processors
New Market Shares
Abolition of Milk Classes 6 and 7
Canadian Export Caps
Transparency Obligations
Conclusion
References
5 Make America Great Again: A New Auto Pact for the North American Car Industry?
Made in North America: The North American Auto Industry
“Ben Laden Is Dead, GM Is Alive” (Biden 2012, 23:42).
From NAFTA to USMCA
Conclusion
References
6 The USMCA and Investment: A New North American Approach?
Introduction
NAFTA Chapter 11 and the Creation of a North American Approach
The Origin of NAFTA Chapter 11
A North American Approach to Investment Law and Policy
NAFTA Chapter 11 Legacy and Controversies
USMCA Chapter 14: The End of the North American Approach?
Renegotiating NAFTA Chapter 11
Continuation in Terms of Substance
Dislocation in Terms of Dispute Settlement
Conclusion
References
7 Digital Trade
The WTO Dead End (1998–2015)
The PTA Path of the United States
The USMCA
The WTO Reinvigorated?
Concluding Remarks
References
8 Intellectual Property
Canada’s Historical Approach to Intellectual Property in Trade Agreements
Canada’s Intellectual Property Commitments Preceding the USMCA
Intellectual Property Protection in the USMCA
General Provisions
Cooperation
Investor-State Dispute Settlement
Trademarks
Geographical Indications
Patents and Pharmaceuticals
Industrial Designs
Copyright
Trade Secrets
Enforcement
Going Forward
References
9 From the NAFTA to the USMCA: Competition, Monopolies and State-Owned Enterprises
Chapter 15 of the NAFTA
Chapters 21 and 22 of the USMCA
Issues, Challenges and Conclusion
References
10 The USMCA: A “New Model” for Labor Governance in North America?
NAFTA and the NAALC
A Second-Generation Model
USMCA: A Third-Generation Model?
Conclusion: The USMCA as a Third-Generation Model of Trade-Labor Linkage?
References
11 NAFTA and the Environment: Decades of Measured Progress
Introduction
Comparative Negotiating Objectives on the Environment
Comparing NAFTA and the USMCA’s Environmental Provisions
The Jettisoning of Two Contested Measures from the USMCA
Conclusion
References
12 Canada and International Regulatory Cooperation: A Comparison of USMCA, CETA and CPTPP
The Scope of Regulatory Cooperation
International Regulatory Cooperation
Good Regulatory Practices
Canada and IRC
Regulatory cooperation in USMCA, CETA and CPTPP
Principles and Objectives
Institutional Frameworks
Procedures
Conclusion
References
13 Settlement of State-To-State and Unfair Trade Disputes Under the USMCA
Introduction
Resolution of “Unfair” Trade Disputes
State-to-State Dispute Settlement
US Ambivalence Regarding Third Party Dispute Settlement
State-to-State Dispute Settlement under the USMCA
References
14 Macroeconomic Policies and Exchange Rate Matters
The Reasons Behind Chapter 33
Currency Manipulations
The International Monetary Fund
Template for Future Agreements
Content of Chapter 33: Exchange Rate Policies and Transparency
Definition of Competitive Devaluation
Manipulation of Exchange Rates and Macroeconomic Policies
Transparency Requirements
Concluding Remarks
References
15 Exceptions, General Provisions, the Review and Term Extension Clause
General Exceptions (Article 32.1)
Essential Security (32.2)
Indigenous Peoples Rights (Article 32.5)
Cultural Industries (Article 32.6)
The Provisions Related to Information: Disclosure, Protection and Access (Articles 32.7, 32.8, and 32.9)
The Non-Market Country Free Trade Agreement (FTA) Clause (Article 32.10)
Specific Provision on Cross-Border Trade in Services, Investment and State-Owned Enterprises and Designated Monopolies for Mexico (Article 32.11).
Foreign Investment Review in Canada / Exclusion from Dispute Settlement Chapter (Article 32.12)
The Review and Term Extension Clause (Article 34.7)
Concluding Remarks
References
16 The Treatment of Cultural Products and the Cultural Exemption Clause
The North American Free Trade Agreement
The United States-Mexico-Canada Agreement
Conclusion
References
17 Conclusion—NAFTA’s Impacts: Can the USMCA Do Better?
NAFTA’s Economic and Social Impacts
Mexico
United States
Canada
Can the USMCA Do Better?
Where to from Here?
References
Index
