The Investment Provisions of the Canada—United States Free Trade Agreement: A Canadian Perspective

1990 ◽  
Vol 84 (2) ◽  
pp. 394-443 ◽  
Author(s):  
Jean Raby

This is a good deal, a good deal for Canada and a deal that is good for all Canadians. It is also a fair deal, which means that it brings benefits and progress to our partner, the United States of America. When both countries prosper, our democracies are strengthened and leadership has been provided to our trading partners around the world. I think this initiative represents enlightened leadership to the trading partners about what can be accomplished when we determine that we are going to strike down protectionism, move toward liberalized trade, and generate new prosperity for all our people.On January 2, 1988, President Ronald Reagan of the United States and Prime Minister Brian Mulroney of Canada signed the landmark comprehensive Free Trade Agreement (FTA) between the two countries that already enjoyed the largest bilateral trade relationship in the world. The FTA was subsequently ratified by the legislatures of both countries, if only after a bitterly fought election on the subject in Canada. On January 1, 1989, the FTA formally came into effect.

2019 ◽  
Vol 113 (2) ◽  
pp. 400-404

On January 4, 2019, the United States requested consultations with Peru with respect to its forest governance obligations under the 2007 United States – Peru Trade Promotion Agreement (PTPA). The PTPA has an environmental chapter with robust terms that were included largely at the insistence of members of Congress, reflecting concerns that a free trade agreement with Peru could increase the country's export of illegally logged wood to the United States. The request for consultations focused on Peru's decision to relocate its Agency for the Supervision of Forest Resources and Wildlife (OSINFOR) to within Peru's Ministry of Environment—a change that, in the view of the United States, “appears to conflict” with a PTPA obligation that “‘OSINFOR shall be an independent and separate agency.’”


2005 ◽  
Vol 33 (1) ◽  
pp. 11-64 ◽  
Author(s):  
Michelle S. Viegas

At the 1994 Summit of the Americas, leaders of democratic nations in the Western Hemisphere committed to establishing a Free Trade Area of the Americas (FTAA) by January 2005. The Declaration of Principles resulting from that Summit called for building on “existing sub-regional and bilateral arrangements in order to broaden and deepen hemispheric economic integration and to bring the agreements together.” Although ambitious, this endeavor was undertaken during a decade marked by an unprecedented proliferation of trade agreements. In 1991, Argentina, Brazil, Paraguay and Uruguay agreed to initiate the formation of a common market now known as the MERCOSUR. Then in 1994, Canada, Mexico and the United States signed the North American Free Trade Agreement which replaced the United States-Canada Free Trade Agreement. Later that year, nations around the world formalized the existing General Agreement on Tariffs and Trade, creating the World Trade Organization. In 1997, the Andean Community of Bolivia, Colombia, Ecuador, Peru and Venezuela formalized its plans to establish a common market. Members of the Caribbean Community and Common Market also agreed in several protocols to further their economic and social integration. During the 1990's, numerous other trade agreements were negotiated, and their development continues at the same rapid pace today.


2006 ◽  
Vol 11 (3) ◽  
pp. 431-466 ◽  
Author(s):  
Larry Crump

AbstractIt is unusual to find a negotiation not linked to at least one other negotiation. In some domains, such as international trade policy, we can identify negotiation networks with parties simultaneously involved in negotiations in global, multilateral, regional, and bilateral trade policy settings. A single party (i.e., a national government) will manage similar issues in all four settings and also manage these same issues with multiple parties in a single setting. International trade policy is one of many "linkage-rich" environments.This study examines the relationship between two discrete but linked treaty negotiations: the Singapore-Australia Free Trade Agreement of 2003 (SAFTA) and the United States-Singapore Free Trade Agreement of 2003 (USSFTA). Case analysis identifies five structural factors that enhance the potential and fundamentally shape the nature of negotiation linkage dynamics. If linkage occurs then role theory can be employed to define two functional role types, a link-pin party (Singapore in this study) and linked parties (Australia and the United States). Such theory and case analysis support the development of propositions and help establish guidance for managing negotiation behavior. Key structural characteristics that appear to create linkage dynamics in this study are used to build a four-part structural framework that maps the universe of negotiation-linkage phenomena and determines the fundamental nature of four discrete linkage conditions. This framework also provides descriptive and prescriptive guidance for managing strategy and power in linked negotiations.


1994 ◽  
pp. 284
Author(s):  
R. W. Riegert ◽  
R. J. Lane

The main concern of this article is the bilateral trade relationship between the United States and Canada, and specifically trade involving the energy industry. The main areas of the trade relationship are examined. First, the aims of the North American Free Trade Agreement are examined to show how it differs from, expands and improves upon the Free Trade Agreement. Second, four areas of commercial law are examined: The Uniform Commercial Code; U.S. federal legislation designed to control conflicting state laws; products liability dealing with the potential liability of Canadian manufacturers to American consumers; and the United Nations Convention on Contracts for the International Sale of Goods. Third, there is advice to Canadian manufacturers on ways to avoid becoming liable for American tax. Fourth, the harmonization of American and Canadian trade and financial statutes in the areas of countervailing duties, dumping, anti-trust and customs tariffs is discussed. This is followed by advice on the different taxation policies followed by the United States and Canada and the implications for bilateral trade. Provisions for the transfer of possession of products are discussed as are immigration questions raised by the entry of Canadians into the United States to sell their products. Finally, the regulation of interstate commerce in the United States is examined.


1990 ◽  
Vol 18 (1) ◽  
pp. 17-32
Author(s):  
Lyonette Louis-Jacques

This is a research guide and bibliography concerning American and Canadian sources of and about the United States—Canada Free Trade Agreement. The Agreement is also called the Canada-U.S. Free Trade Agreement, Canada-American Free Trade Agreement, or the FTA. Formal negotiations concerning the Agreement began on March 18, 1985 at the “Shamrock Summit” (also called the “Quebec Summit”) with the signing of the Declaration on Trade in Goods and Services by U.S. President Ronald Reagan and Canadian Prime Minister Brian Mulroney. The history of the FTA negotiations is set forth in the Winham book listed below, in the Department of State Bulletin, in newspapers, and in documents created during U.S. Congressional consideration of implementing legislation such as Senate Report No. 100–509. See also Battram, Canada-United States Trade Negotiations: Continental Accord or a Continent Apart?, 22 International Lawyer 345 (1988). The Agreement was signed by President Reagan and Prime Minister Mulroney on January 2, 1988 and, after implementing legislation was enacted in the United States and Canada, the Agreement entered into force on January 1, 1989. Its main purpose is the elimination of all tariffs on trade between the U.S. and Canada by January 1, 1998.


2017 ◽  
Vol 111 (4) ◽  
pp. 957-969 ◽  
Author(s):  
John K. Veroneau ◽  
Catherine H. Gibson

As part of the “America First” agenda discussed in his inaugural address, President Donald J. Trump promised that “[e]very decision” on trade, among other areas, would be “made to benefit American workers and American families.” During its first months, the Trump Administration made a number of trade moves apparently in connection with this “America First” trade agenda, including initiating national security investigations into steel and aluminum imports under Section 232 of the Trade Expansion Act of 1962 and preparing an “omnibus” report on trade deficits. The Trump Administration also took steps to alter U.S. treaty relationships, by withdrawing from the Trans-Pacific Partnership Agreement, announcing the renegotiation of the North American Free Trade Agreement, and requesting a special session of a joint committee created under the United States-Korea Free Trade Agreement. In August 2017, President Trump continued this course—and indicated a willingness to take unilateral action against U.S. trading partners—by signing a presidential memorandum directing the United States Trade Representative to determine whether China's treatment of U.S. intellectual property warranted investigation under Section 301 et seq. of the Trade Act of 1974.


2000 ◽  
Vol 32 (2) ◽  
pp. 312-313 ◽  
Author(s):  
Samira Salem

Has the time come for a free-trade agreement (FTA) between Egypt and the United States? According to the contributors to Building Bridges, an FTA is the logical next step in the Egypt–U.S. relationship. This policy-oriented volume explores the conditions under which the benefits of an FTA between the parties would be maximized. Although the contributors reach different conclusions regarding the optimal form of the Egypt–U.S. FTA, consensus is reached on one point: an FTA between Egypt and the United States will produce economic benefits for both nations.


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