If NAFTA Was Abrogated...

Posted on Friday, May 14 at 22:07 by Jim Callaghan
Question: Suppose we were to abrogate NAFTA, what would happen and what would we do next?

Answer: Apart from the inevitable anger on the part of the U.S. government there would be very little, if any, immediate consequence of significance. There are two possible scenarios.

Case I: Canada would immediately offer to negotiate a Fair Trade Agreement with the U.S. and Mexico which would maintain the status quo on tariffs, dispute settlement mechanisms, etc. but which would not include the unacceptable “national treatment” clause on investment, the energy sharing provisions, etc.

If the U.S. and Mexico agreed, trade would not be affected but Canada would have regained the right to reinstate the Foreign Investment Review Agency which would be able to screen foreign investment and apply conditions as well as limits on the level of foreign ownership acceptable in any industrial or resource sector. We would encourage foreign investment but only when it would be of benefit to Canada. Jobs would not be lost and might even be enhanced if we stop selling companies that are subsequently downsized or shut down completely. In sum we would regain control of our own destiny. (Existing investment is not affected.)

Case II: In the event that the U.S. and Mexico refused to sign Fair Trade Agreements, Canada would revert to reliance on the General Agreement on Trade and Tariffs (GATT) which served us so well before the FTA was signed.

We would then rely on the WTO dispute settlement mechanism.

Our tariff advantage with the U.S. prior to 1988 would be re-instated.

We would achieve the same investment advantage that we are seeking vis-à-vis the U.S.

The only negative – which might turn out to be a positive for Canada in repatriating some of its talent – would be that the TN Visas under NAFTA would not be renewed when they expire.

N.B. Under both scenarios Canada should ensure that it doesn't give away more sovereignty under the WTO General Agreement on Trade in Services (GATS) which the Liberal government is in the process of doing.

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  1. Mon May 17, 2004 4:46 pm
    Our economy would tank really fast if NAFTA were abrogated. Even with the agreement our exporters have to fight protectionism, breaking our agreements would allow our biggest customer to throw up massive trade barriers and ruin our reputation in international markets. The unemployment rate would skyrocket and the Liberals wouldn't be able to borrow enough to keep everybody happy. The non-trading protectionist North Korean economy works really well if you happen to be the 'Dear Leader' but it doesn't work too well for his millions of slaves who have to eat grass and tree bark to survive.

  2. Mon May 17, 2004 6:02 pm
    <i>our biggest customer to throw up massive trade barriers</i><p> As opposed to what? The trade barriers they throw up now?<P><p>---<br>"History does not repeat itself, but it does rhyme" Mark Twain <br />
    "The greatest price of not participating in politics is being governed by your inferiors." Plato

  3. Mon May 17, 2004 7:01 pm
    Under NAFTA the US has erected tarriffs, and our economy has tanked! Only a small handful of rich have benefitted from NAFTA! And unemployment is paralleling what we saw in the 30`s. The US needs our resources, so they would still have no choice but to buy, only in the case we offer, Canada controls her own resources. New foreign investment in the form of new jobs, as opposed to takeovers and shutdowns under NAFTA is what Canada needs to improve our economy! ultimately, Canada does not need the USA- THEY NEED US! You must, anon, free yourself from your mentally colonized state! If small countries like Sweden can do what they do, then especially, CANADA CAN, BETTER THAN ANY OTHER NATION,IF WE WANT TO! AND MOST OF US WANT TO!!! If you want to be American, MOVE THERE!!!

    ---
    Dave Ruston

  4. Mon May 17, 2004 10:45 pm
    Ahhh Dave, never change!<p> <a href='http://www.canada.com/news/national/story.html?id=0b57dde1-4c99-4a58-99fa-482e296caf8b'>Here's</a> a little more fuel for your fire . . . :)<p> <p>---<br>"History does not repeat itself, but it does rhyme" Mark Twain <br />
    "The greatest price of not participating in politics is being governed by your inferiors." Plato

  5. by N Say
    Mon May 17, 2004 11:14 pm
    I got that email too, they didn't say what a fair-trade agreement is or what would be in it and they said they'd keep the dispute resolution system, which I think is nuts. I can't believe the CAP wouldn't just scrap the whole thing. It's a bunch of trade reps & corporate lawyers that operates in secret, so nobody can even see what's going on. And it's just us and the Americans, one-on-one. If we went back to the GATT a neutral 3rd country would adjudicate a dispute; that sounds a lot fairer than what we've got with NAFTA.

    ---
    "We can only see a short distance ahead, but we can see plenty there that needs to be done." - Alan Turing

  6. Tue May 18, 2004 9:33 am
    I agree with Dave that the U.S. needs us more than we need them. Turdeau always wanted Canada to be more self- sufficient and he was right about that. Unforunately his successors continue to give our resources to the U.S. and naturally us citizens that are expecting to live off those resources are standing around wondering who's going to look after us?

    Dr. Caleb, I didn't expect to be going to the National Post site. Whenever you go there all kinds of ads get stuck to you when you leave.

  7. Tue May 18, 2004 3:03 pm
    I use Mozilla and Linux. No popups, no ads. Just the facts. :)<p> I gave up Microsoft Internet <b>Exploder</b> long ago.<p><p>---<br>"History does not repeat itself, but it does rhyme" Mark Twain <br />
    "The greatest price of not participating in politics is being governed by your inferiors." Plato

  8. Wed Oct 27, 2004 5:19 am
    The third national policy in which our country swayed towards neo liberalism, we were given 2 choices. Either we choose to sign a free trade agreement with the US or we become unemployed and endure a lower standard of living. So we signed this agreement out of fear. We signed an agreement in which its intentions are idealistic but in practice, it has done us much harm. How?
    For example,Foreign Investors have the right to sue our governments, if they feel that they are not given "national treatment"
    The US company, Ethyl corporation, in 1998, tried to sell a gasoline additive, MMT, which was banned in the US, in Canada. Our initial reaction ofcourse was to ban0 this product, MMT, which was proven to be a nerve toxic. The US has the right to sue us (due to the Chapter 11 clause of NAFTA) They claimed that we were not abiding by NAFTA rules and so we settled out of court. We payed them about 13 million dollars. They had initially sued for $250 million. We then, to pour salt on our wounds, lifted the ban.
    So not only is our government paying out millions of dollars that could be used for public services, we also put our the health of our children, families and friends at risk. This is all in the name of a better standard of living? Did NAFTA provide the panacea we were looking for or did it just further dig the grave of our sovereignty?

    We need to take responsibility for the decisions we make. It was a mistake to sign this agreement and we have a lesson here. We just need to swallow our pride and say it. We are only human and it was a mistake. Its now time to make some changes.

    We must as a whole consider this problem. It is true that 85% of our exports go to the US. Most of that is Lumber and Energy. Right now, the US, does not have the resource capacity to sustain their consumption. They do need us. We will have the wind knocked out of us for a bit if we abrogate.. but it would not be like north Korea. It would actually be a democracy. Canada would regain its policy autonomy. We dont have that now..and it will continue to decrease as our domestic companies are bought out.

    So think about this.. and know that its up to the people to make changes.. to let our governments know what we want and also what we dont. Canadian History has shown us, that by not speaking up, not caring, we become victims. We still have this chance to change for our future generations. We must act now while its still possible.



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