NAFTA Undermines US Constitution Also

Posted on Monday, January 31 at 11:16 by N Say
The pact has been held up as a global model and spurred similar deals in Europe.

"If they win, it would cause a lot of heartburn, especially for Canada," said William Merkin, a Washington trade expert who was a U.S. negotiator during the original Canada-U.S. trade talks.

Sen. Crapo told the Senate during a rare debate on the Canadian softwood lumber dispute this week that the U.S. lumber industry intends to launch the constitutional challenge to a series of NAFTA panel rulings that appear to have gone in Canada's favour.

"The future of U.S. sawmills and millworkers cannot be allowed to be ruined by outlandish decision-making by NAFTA dispute panels and a panelist's service with an obvious undisclosed conflict of interest," he told the Senate.

The senator was referring to the U.S. industry's extraordinary challenge of a NAFTA panel ruling that essentially found that Canadian lumber exports did not hurt the U.S. industry. The coalition is complaining one of the five panelists has a conflict of interest. A ruling is expected as early as next month.

The U.S. lumber industry intends to argue that NAFTA's Chapter 19 is inconsistent with U.S. law. That chapter deals specifically with dumping and countervail laws.

Mr. Merkin said a successful challenge of Chapter 19 -- something that would take at least a year -- would open a "Pandora's box" for the three governments since they would likely end up trying to renegotiate much of the entire trade pact and fight old battles over again.

etc

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Comments

  1. Mon Jan 31, 2005 7:38 pm
    YAY!

  2. Mon Jan 31, 2005 7:49 pm
    Hmm.. The Chapter 11 clause as it pertains to the lawsuit that UPS has against Canada Post is a violation in many ways. This NAFTA thing needs to be rethunk right away.

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    Darren Olson
    --
    "We shall be Canadians first, foremost, and always, and our policies will be decided in Canada and not dictated by any other country." - Diefe

  3. Mon Jan 31, 2005 8:11 pm
    I still say scrap the entire NAFTA 'agreement' and start over with a fair trade agreement. One problem that still exists though, is that even if the US is successful in this challenge, our own government will continue the spineless sellout and appeasement.

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    Dave Ruston

  4. Tue Feb 01, 2005 12:00 am
    i like how they say the removal of NAFTA would hurt us "especially". It would free us!!!

    ---
    "If we don't define ourselves, we are going to let others define us."

  5. Tue Feb 01, 2005 1:27 am
    Dave, you're entirely right if by your comment you meant to scrap NAFTA and replace it with free trade agreements with Europe, China and India. As for the Americans... no oil, no wheat, no beef, and no water. Just close the border; our resources and manufactured goods can be sold anywhere in the world for top dollar.

  6. Tue Feb 01, 2005 2:08 am
    Personally I disagree with the idea of cutting of totally trade with the U.S. That really doesn't make any sense. Its also not that easy. The evil is not trading with the U.S. Its the trade agreement that had cards stack against Canada's sovereignty.

    I agree we should trade more with Europe since it is the new biggest market.

    Kevin

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    "War does not determine who is right - only who is left."
    --Bertrand Russell

  7. Tue Feb 01, 2005 2:14 am
    I agree that a quick cutoff of trade is unrealistic, but how about making the Americans pay $1 or $1.25 US for one of our dollars? This step would have a similar effect to cutting trade entirely, but we'd see a big boost in oil revenues and we'd all get raises besides.

  8. Tue Feb 01, 2005 3:44 am
    The United States is our neighbour, and it is unrealistic to think that we could, should or ever will stop trading with them altogether. Besides, they need our natural resources an awful lot more than they would like us to believe, and much, much more than we need their markets, all the business propaganda nothwithstanding. If we cut off something which really, critically hurt them, one never knows what they might do, particularly right now, and there is little we could do to protect ourselves or our interests. Besides, I haven't given up on the US entirely yet. Some future, wiser US administration may yet return them to the broad community nations, where they could still make a marvelous contribution. The next five years or so will tell.

    In any event, we have to live here with them, and we should enjoy mature and positive mutual relations, as we do with most other nations. Canada should not be an economic colony or a security buffer for the US, but neither should we be predatory, troublesome, hostile, agressive or warlike. I hope we never will be.

    Having said that, most everyone outide a small circle of users and takers realizes now that the NAFTA is a very, very bad deal for ordinary Canadians. It hurts us every day, and closer you are to the bottom of the food chain, the more it hurts you. It should be unconditionally scrapped. However we also realize that exisitng political realities in Canada make it unlikely that we can produce a government with the courage or integrity to do so any time soon. So, if forces in the US can bring about a positive change, we should not look a gift horse in the mouth.

  9. Tue Feb 01, 2005 4:10 am
    Scrap NAFTA and decrease trade with the USA. I would be wrong to scrap trade with the USA since they are a close ally. Shrink it so we are not dependent on the USA in trade. Here is a possible break down:

    Europe: 40%
    USA: 30%
    Japan: 7.5%
    China: 7.5%
    Other Countries: 15%

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    Alliance Atlantis: A Canadian Film Distribution Company
    Star Wars: Episode III May 2005
    "A person who walks in someone elses footprints leaves no footprints."

  10. Tue Feb 01, 2005 4:11 am
    good points....Europe is protectionist, but less likely to play unfairly.....deals could be worked out.

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    The best argument against democracy is a five minute conversation with the average voter --

    Winston Churchill

  11. Tue Feb 01, 2005 4:13 am
    Why so low with CHina, and what about Russia? If we traded at least 25% or more with China, then we'd be much better off, as long as we weren't just sending them paper as we do now. China is not protectionist at all in some areas, and state-controlled in others...who knows if they'll become protectionist, but right now, foreign companies are welcome.

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    The best argument against democracy is a five minute conversation with the average voter --

    Winston Churchill

  12. Tue Feb 01, 2005 4:16 am
    "If we cut off something which really, critically hurt them, one never knows what they might do, particularly right now, and there is little we could do to protect ourselves or our interests."


    Nothing we could do? Like building an army and fighting back is not an option?!

    ---
    The best argument against democracy is a five minute conversation with the average voter --

    Winston Churchill

  13. Tue Feb 01, 2005 4:21 am
    NAFTA absolutely must be scrapped and replaced with a deal which is less intrusive into Canadian sovereignty. Trade with other nations is extremely important as well, but the US as much as we may dislike to admit will always be our largest trading partner. At least until Canada stops relying so heavily on natural resources. Replacing the US with other markets is unrealistic as shipping our natural resources across the oceans is extremely expensive.

  14. Tue Feb 01, 2005 4:55 am
    Ships are efficient...just ask our PM to send you one....I personally hope that Europe and Asia are our biggest partners some day, unless we want to try and resurrect a new commonwealth arragenment, as Churchill envisioned.

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    The best argument against democracy is a five minute conversation with the average voter --

    Winston Churchill



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