The North American Free Trade Agreement (, TLCAN; , ALÉNA), referred to colloquially in the Anglosphere as NAFTA, ( ) was an agreement signed by Canada, Mexico, and the United States that created a trilateral trade bloc in North America. The agreement came into force on January 1, 1994, and superseded the 1988 Canada–United States Free Trade Agreement between the United States and Canada. The NAFTA trade bloc formed one of the largest trade blocs in the world by gross domestic product.
The impetus for a North American free trade zone began with U.S. president Ronald Reagan, who made the idea part of his 1980 presidential campaign. After the signing of the Canada–United States Free Trade Agreement in 1988, the administrations of U.S. president George H. W. Bush, Mexican president Carlos Salinas de Gortari, and Canadian prime minister Brian Mulroney agreed to negotiate what became NAFTA. Each submitted the agreement for ratification in their respective capitals in December 1992, but NAFTA faced significant opposition in both the United States and Canada. All three countries ratified NAFTA in 1993 after the addition of two side agreements, the North American Agreement on Labor Cooperation (NAALC) and the North American Agreement on Environmental Cooperation (NAAEC).
Passage of NAFTA resulted in the elimination or reduction of trade barrier and investment between the United States, Canada, and Mexico. The effects of the agreement regarding issues such as employment, the environment, and economic growth have been the subject of political disputes. Most economic analyses indicated that NAFTA was beneficial to the North American economies and the average citizen, but harmed a small minority of workers in industries exposed to trade competition. Economists held that withdrawing from NAFTA or renegotiating NAFTA in a way that reestablished trade barriers would have adversely affected the U.S. economy and cost jobs. However, Mexico would have been much more severely affected by job loss and reduction of economic growth in both the short term and long term.
After U.S. President Donald Trump took office in January 2017, he sought to replace NAFTA with a new agreement, beginning negotiations with Canada and Mexico. In September 2018, the United States, Mexico, and Canada reached an agreement to replace NAFTA with the United States–Mexico–Canada Agreement (USMCA), and all three countries had ratified it by March 2020. NAFTA remained in force until USMCA was implemented. In April 2020, Canada and Mexico notified the U.S. that they were ready to implement the agreement. CBC News, "Mexico joins Canada, notifies U.S. it's ready to implement new NAFTA" 2020/04/04 accessed 06 April 2020 The USMCA took effect on July 1, 2020, replacing NAFTA.
Chicago Congressman Luis Gutiérrez in particular was a vocal opponent of NAFTA, ultimately voting against the measure because of what he considered its failure to sufficiently provide for displaced worker retraining, protections against American job loss, and protections of collective bargaining rights for Mexican workers. Luis Gutierrez on Why Rahm Emanuel Should Not Be Mayor , Chicago Magazine, Carol Felsenthal, January 11, 2011. Retrieved July 2, 2022. He criticized the role of Rahm Emanuel in particular for the deficiencies.9311150020_1_anti-nafta-forces-nafta-debate-undecided-house-members, Chicago Tribune, November 13, 1993. Retrieved July 1, 2022.
The U.S. required its partners to adhere to environmental practices and regulations similar to its own. Learning From The Experience Of NAFTA Labor And Environmental Governance , Forbes Magazine, Mark Aspinwall, August 10, 2017. Retrieved July 1, 2022.
Clinton signed it into law on December 8, 1993; the agreement went into effect on January 1, 1994. At the signing ceremony, Clinton recognized four individuals for their efforts in accomplishing the historic trade deal: Vice President Al Gore, Chairwoman of the Council of Economic Advisers Laura Tyson, Director of the National Economic Council Robert Rubin, and Republican Congressman David Dreier. Clinton also stated that "NAFTA means jobs. American jobs, and good-paying American jobs. If I didn't believe that, I wouldn't support this agreement." NAFTA replaced the previous Canada-US FTA.
The decree implementing NAFTA and the various changes to accommodate NAFTA in Mexican law was promulgated on December 14, 1993, with entry into force on January 1, 1994.
Chapter 20 provided a procedure for the international resolution of disputes over the application and interpretation of NAFTA. It was modeled after Chapter 69 of the Canada–United States Free Trade Agreement.
NAFTA is, in part, implemented by Technical Working Groups composed of government officials from each of the three partner nations.
A "side agreement" on enforcement of existing domestic labor law, concluded in August 1993, the North American Agreement on Labour Cooperation (NAALC), was highly circumscribed. Focused on health and safety standards and on child labor law, it excluded issues of collective bargaining, and its "so-called enforcement teeth" were accessible only at the end of "a long and tortuous" disputes process". Commitments to enforce existing labor law also raised issues of democratic practice. The Canadian anti-NAFTA coalition, Pro-Canada Network, suggested that guarantees of minimum standards would be "meaningless" without "broad democratic reforms in the Mexican courts, the unions, and the government". Later assessment, however, did suggest that NAALC's principles and complaint mechanisms did "create new space for advocates to build coalitions and take concrete action to articulate challenges to the status quo and advance workers’ interests".
This chapter has been criticized by groups in the United States, Mexico, and Canada for a variety of reasons, including not taking into account important social and environmental considerations. In Canada, several groups, including the Council of Canadians, challenged the constitutionality of Chapter 11. They lost at the trial level and the subsequent appeal.
Methanex Corporation, a Canadian corporation, filed a US$970 million suit against the United States. Methanex claimed that a California ban on methyl tert-butyl ether (MTBE), a substance that had found its way into many wells in the state, was hurtful to the corporation's sales of methanol. The claim was rejected, and the company was ordered to pay US$3 million to the U.S. government in costs, based on the following reasoning: "But as a matter of general international law, a non-discriminatory regulation for a public purpose, which is enacted in accordance with due process and, which affects, inter alios, a foreign investor or investment is not deemed expropriatory and compensable unless specific commitments had been given by the regulating government to the then putative foreign investor contemplating investment that the government would refrain from such regulation."
In another case, Metalclad, an American corporation, was awarded US$15.6 million from Mexico after a Mexican municipality refused a construction permit for the hazardous waste landfill it intended to construct in Guadalcázar, San Luis Potosí. The construction had already been approved by the federal government with various environmental requirements imposed (see paragraph 48 of the tribunal decision). The NAFTA panel found that the municipality did not have the authority to ban construction on the basis of its environmental concerns.
In Eli Lilly and Company v. Government of Canada the plaintiff presented a US$500 million claim for the way Canada requires usefulness in its drug patent legislation. Apotex sued the U.S. for US$520 million because of opportunity it says it lost in an FDA generic drug decision.
Lone Pine Resources Inc. v. Government of Canada filed a US$250 million claim against Canada, accusing it of "arbitrary, capricious and illegal" behaviour, because Quebec intends to prevent fracking exploration under the St. Lawrence Seaway.
Lone Pine Resources is incorporated in Delaware but headquartered in Calgary, and had an initial public offering on the NYSE May 25, 2011, of 15 million shares each for $13, which raised US$195 million.
Barutciski acknowledged "that NAFTA and other investor-protection treaties create an anomaly in that Canadian companies that have also seen their permits rescinded by the very same Quebec legislation, which expressly forbids the paying of compensation, do not have the right (to) pursue a NAFTA claim", and that winning "compensation in Canadian courts for domestic companies in this case would be more difficult since the Constitution puts property rights in provincial hands".
A treaty with China would extend similar rights to Chinese investors, including SOEs.
A Chapter 19 panel was expected to examine whether the agency's determination was supported by "substantial evidence". This standard assumed significant deference to the domestic agency. Some of the most controversial trade disputes in recent years, such as the U.S.–Canada softwood lumber dispute, have been litigated before Chapter 19 panels.
Decisions by Chapter 19 panels could be challenged before a NAFTA extraordinary challenge committee. However, an extraordinary challenge committee did not function as an ordinary appeal. Under NAFTA, it only vacated or remanded a decision if the decision involved a significant and material error that threatens the integrity of the NAFTA dispute settlement system. Since January 2006, no NAFTA party had successfully challenged a Chapter 19 panel's decision before an extraordinary challenge committee.
A study in 2007 found that NAFTA had "a substantial impact on international trade volumes, but a modest effect on prices and welfare".
According to a 2012 study, with reduced NAFTA trade tariffs, trade with the United States and Mexico only increased by a modest 11% in Canada compared to an increase of 41% for the U.S. and 118% for Mexico. Moreover, the U.S. and Mexico benefited more from the tariff reductions component, with welfare increases of 0.08% and 1.31%, respectively, with Canada experiencing a decrease of 0.06%.
According to a 2018 Sierra Club report, Canada's commitments under NAFTA and the Paris agreement conflicted. The Paris commitments were voluntary, and NAFTA's were compulsory.
According to a 2018 report by Gordon Laxter published by the Council of Canadians, NAFTA's Article 605, energy proportionality rule ensures that Americans had "virtually unlimited first access to most of Canada's oil and natural gas" and Canada could not reduce oil, natural gas and electricity exports (74% its oil and 52% its natural gas) to the U.S., even if Canada was experiencing shortages. These provisions that seemed logical when NAFTA was signed in 1993 are no longer appropriate. The Council of Canadians promoted environmental protection and was against NAFTA's role in encouraging development of the tar sands and fracking.
US President Donald Trump, angered by Canada's dairy tax of "almost 300%", threatened to leave Canada out of the NAFTA. Since 1972, Canada has been operating on a "supply management" system, which the United States is attempting to pressure it out of, specifically focusing on the dairy industry. However, this has not yet taken place, as Quebec, which holds approximately half the country's dairy farms, still supports supply management.
The overall effect of the Mexico–U.S. agricultural agreement is disputed. Mexico did not invest in the infrastructure necessary for competition, such as efficient railroads and highways. This resulted in more difficult living conditions for the country's poor. Mexico's agricultural exports increased 9.4 percent annually between 1994 and 2001, while imports increased by only 6.9 percent a year during the same period. Greening the Americas, Carolyn L. Deere (editor). MIT Press, Cambridge, Massachusetts.
One of the most affected agricultural sectors was the meat industry. Mexico went from a small player in the pre-1994 U.S. export market to the second largest importer of U.S. agricultural products in 2004, and NAFTA may have been a major catalyst for this change. Free trade removed the hurdles that impeded business between the two countries, so Mexico provided a growing market for meat for the U.S., and increased sales and profits for the U.S. meat industry. A coinciding noticeable increase in the Mexican per capita GDP greatly changed meat consumption patterns as per capita meat consumption grew.
One of concerns raised by the implementation of NAFTA in Mexico was wealth inequality. National Bureau of Economic Research found that NAFTA increased the wage gap between the lowest and highest earners, directly affecting wealth inequality. According to Global Trade Watch, under NAFTA Mexico observed a decline in real average annual wages, with this decline mainly affecting those who earned the least - the real average wage of minimum wage workers decreased by 14 percent. GTW concluded that "inflation-adjusted wages for virtually every category of Mexican worker decreased over NAFTA’s first six years, even as hundreds of thousands of manufacturing jobs were being shifted from the United States to Mexico". Similar effects were found in a study published in the International Journal of Economic Sciences, which found that NAFTA had a direct impact on wage inequality in Mexico; from 1994 onwards, the wage gap between the poorest and the richest workers noticeably increased.
Production of Maize in Mexico increased since NAFTA. However, internal demand for corn had increased beyond Mexico's supply to the point where imports became necessary, far beyond the quotas Mexico originally negotiated. p. 4 Zahniser & Coyle pointed out that corn prices in Mexico, adjusted for international prices, have drastically decreased, but through a program of subsidies expanded by former president Vicente Fox, production remained stable since 2000.Steven S. Zahniser & William T. Coyle, U.S.-Mexico Corn Trade During the NAFTA Era: New Twists to an Old Story , Outlook Report No. FDS04D01 (Economic Research Service/USDA, May 2004), 22 pp. Reducing agricultural subsidies, especially corn subsidies, was suggested as a way to reduce harm to Mexican farmers.
A 2001 Journal of Economic Perspectives review of the existing literature found that NAFTA was a net benefit to Mexico. By 2003, 80% of the commerce in Mexico was executed only with the U.S. The commercial sales surplus, combined with the deficit with the rest of the world, created a dependency in Mexico's exports. These effects were evident in the 2001 recession, which resulted in either a low rate or a negative rate in Mexico's exports.Ruiz Nápoles, Pablo. "El TLCAN y el balance comercial en México". Economía Informa. UNAM. 2003
A 2005 study found that Mexico's welfare increased by 1.31% as a result of the NAFTA tariff reductions and that Mexico's intra-bloc trade increased by 118%. Inequality and poverty fell in the most globalization-affected regions of Mexico. 2013 and 2015 studies showed that Mexican small farmers benefited more from NAFTA than large-scale farmers.
NAFTA had also been credited with the rise of the Mexican middle class. A Tufts University study found that NAFTA lowered the average cost of basic necessities in Mexico by up to 50%. This price reduction increased cash-on-hand for many Mexican families, allowing Mexico to graduate more engineers than Germany each year.
Growth in new sales orders indicated an increase in demand for manufactured products, which resulted in expansion of production and a higher employment rate to satisfy the increment in the demand. The growth in the maquiladora industry and in the manufacturing industry was of 4.7% in August 2016."Economic Report of the exportations in the manufacturer industry" Consejo Nacional de Industria Maquiladora Manufacturera A.C. 2016 Three quarters of the imports and exports are with the U.S.
Tufts University political scientist Daniel W. Drezner argued that NAFTA made it easier for Mexico to transform to a real democracy and become a country that views itself as North American. This has boosted cooperation between the United States and Mexico.
A 2014 study on the effects of NAFTA on US trade jobs and investment found that between 1993 and 2013, the US trade deficit with Mexico and Canada increased from $17.0 to $177.2 billion, displacing 851,700 US jobs.
In 2015, the Congressional Research Service concluded that the "net overall effect of NAFTA on the US economy appears to have been relatively modest, primarily because trade with Canada and Mexico accounts for a small percentage of US GDP. However, there were worker and firm adjustment costs as the three countries adjusted to more open trade and investment among their economies." The report also estimated that NAFTA added $80 billion to the US economy since its implementation, equivalent to a 0.5% increase in US GDP.
The US Chamber of Commerce credited NAFTA with increasing U.S. trade in goods and services with Canada and Mexico from $337 billion in 1993 to $1.2 trillion in 2011, while the AFL–CIO blamed the agreement for sending 700,000 American manufacturing jobs to Mexico over that time.
University of California, San Diego economics professor Gordon Hanson said that NAFTA helped the US compete against China and therefore saved US jobs. While some jobs were lost to Mexico as a result of NAFTA, considerably more would have been lost to China if not for NAFTA.
A study published in the August 2008 issue of the American Journal of Agricultural Economics, found NAFTA increased US agricultural exports to Mexico and Canada, even though most of the increase occurred a decade after its ratification. The study focused on the effects that gradual "phase-in" periods in regional trade agreements, including NAFTA, have on trade flows. Most of the increases in members' agricultural trade, which was only recently brought under the purview of the World Trade Organization, was due to very high trade barriers before NAFTA or other regional trade agreements. "Free Trade Agreement Helped U.S. Farmers". Newswise. Retrieved on June 12, 2008.
Many American small businesses depended on exporting their products to Canada or Mexico under NAFTA. According to the U.S. Trade Representative, this trade supported over 140,000 small- and medium-sized businesses in the US.
According to University of California, Berkeley professor of economics Brad DeLong, NAFTA had an insignificant impact on US manufacturing. The adverse impact on manufacturing was exaggerated in US political discourse according to DeLong and Harvard economist Dani Rodrik.
According to a 2013 article by Jeff Faux published by the Economic Policy Institute, California, Texas, Michigan and other states with high concentrations of manufacturing jobs were most affected by job loss due to NAFTA. According to a 2011 article by EPI economist Robert Scott, about 682,900 U.S. jobs were "lost or displaced" as a result of the trade agreement. More recent studies agreed with reports by the Congressional Research Service that NAFTA only had a modest impact on manufacturing employment and automation explained 87% of the losses in manufacturing jobs.
According to the Sierra Club, NAFTA contributed to large-scale, export-oriented farming, which led to the increased use of , and GMO. NAFTA also contributed to environmentally destructive mining practices in Mexico. It prevented Canada from effectively regulating its tar sands industry, and created new legal avenues for transnational corporations to fight environmental legislation. In some cases, environmental policy was neglected in the wake of trade liberalization; in other cases, NAFTA's measures for investment protection, such as Chapter 11, and measures against non-tariff trade barriers threatened to discourage more vigorous environmental policy. The most serious overall increases in pollution due to NAFTA were found in the sector, the Mexican petroleum sector, and the transportation equipment sector in the United States and Mexico, but not in Canada.Kenneth A. Reinert and David W. Roland-Holst The Industrial Pollution Impacts of NAFTA: Some Preliminary Results. Commission for Environmental Cooperation (November 2000)
According to the International Organization for Migration, deaths of migrants have been on the rise worldwide with 5,604 deaths in 2016.Jones, Reese. Borders & Walls: Do Barriers Deter Unauthorized Migration. Migration Policy Institute. web page [14] October 5, 2016. An increased number of undocumented farmworkers in California may be due to the initial passing of NAFTA.
Canadian authorities estimated that on December 1, 2006, 24,830 U.S. citizens and 15,219 Mexican citizens were in Canada as "foreign workers". These numbers include both entrants under NAFTA and those who entered under other provisions of Canadian immigration law. Facts and Figures 2006 Immigration Overview: Temporary Residents (Citizenship and Immigration Canada) New entries of foreign workers in 2006 totalled 16,841 U.S. citizens and 13,933 Mexicans.
Perot ultimately lost the election, and the winner, Bill Clinton, supported NAFTA, which went into effect on January 1, 1994.
The United States and Canada argued for years over the United States' 27% duty on Canadian softwood lumber imports. Canada filed many motions to have the duty eliminated and the collected duties returned to Canada. softwood Lumber After the United States lost an appeal before a NAFTA panel, spokesperson for U.S. Trade Representative Rob Portman responded by saying: "we are, of course, disappointed with the NAFTA decision, but it will have no impact on the anti-dumping and countervailing duty orders." On July 21, 2006, the United States Court of International Trade found that imposition of the duties was contrary to U.S. law.
Democratic candidate Bernie Sanders, opposing the Trans-Pacific Partnership trade agreement, called it "a continuation of other disastrous , like NAFTA, CAFTA, and permanent normal trade relations with China". He believes that free trade agreements have caused a loss of American jobs and depressed American wages. Sanders said that America needs to rebuild its manufacturing base using American factories for well-paying jobs for American labor rather than outsourcing to China and elsewhere. (transcript of interview with Judy Woodruff)Will Cabaniss for Punditfact. September 2, 2015 How Bernie Sanders, Hillary Clinton differ on the Trans-Pacific Partnership
In July 2017, the Trump administration provided a detailed list of changes that it would like to see to NAFTA. The top priority was a reduction in the United States' trade deficit. The administration also called for the elimination of provisions that allowed Canada and Mexico to appeal duties imposed by the United States and limited the ability of the United States to impose import restrictions on Canada and Mexico.
Being "consistent with the president's stance on liking trade barriers, liking protectionism", Chad P. Bown of the Peterson Institute for International Economics suggested that the proposed changes would make NAFTA "in many respects less of a free-trade agreement." Additional concerns expressed by the US Trade Representative over subsidized state-owned enterprises and currency manipulation were not thought to apply to Canada and Mexico, but were intended rather to send a message to countries beyond North America.
John Murphy, vice-president of the U.S. Chamber of Commerce declared that a number of the proposals tabled by the United States had "little or no support" from the U.S. business and agriculture community." Pat Roberts, the senior U.S. senator from Kansas, said it was not clear "who they're intended to benefit", and called for push back against the anti-NAFTA moves as the "issues affect real jobs, real lives and real people". Kansas is a major agricultural exporter, and farm groups warned that just threatening to leave NAFTA might cause buyers to minimize uncertainty by seeking out non-US sources.
A fourth round of talks included a U.S. demand for a sunset clause that would end the agreement in five years, unless the three countries agreed to keep it in place, a provision U.S. Commerce Secretary Wilbur Ross has said would allow the countries to kill the deal if it was not working. Canadian Prime Minister Justin Trudeau met with the House Ways and Means Committee, since Congress would have to pass legislation rolling back the treaty's provisions if Trump tries to withdraw from the pact.
From June to late August 2018, Canada was sidelined as the United States and Mexico held bilateral talks. On 27 August 2018 Mexico and the United States announced they had reached a bilateral understanding on a revamped NAFTA trade deal that included provisions that would boost automobile production in the U.S., a 10-year data protection period against generic drug production on an expanded list of products that benefits pharmaceutical companies, particularly US makers producers of high-cost biologic drugs, a Sunset provision—a 16-year expiration date with regular 6-year reviews to possibly renew the agreement for additional 16-year terms, and an increased de minimis threshold in which Mexico raised the de minimis value to $100 from $50 regarding online duty- and tax-free purchases.
According to an August 30 article in The Economist, Mexico agreed to increase the rules of origin threshold which would mean that 75% as opposed to the previous 62.5% of a vehicle's components must be made in North America to avoid tariffs. Since car makers currently import less expensive components from Asia, under the revised agreement, consumers would pay more for vehicles. As well, approximately 40 to 45 per cent of vehicle components must be made by workers earning a minimum of US$16 per hour, in contrast to the current US$2.30 an hour that a worker earns on average in a Mexican car manufacturing plant. The Economist described this as placing "Mexican carmaking into a straitjacket".
Trudeau and Canadian Foreign Minister Chrystia Freeland announced that they were willing to join the agreement if it was in Canada's interests. Freeland returned from her European diplomatic tour early, cancelling a planned visit to Ukraine, to participate in NAFTA negotiations in Washington, D.C. in late August.Ukrainian Independent Information Agency, Canada's Foreign Minister postpones visit to Ukraine over urgent talks in U.S. , 29 August 2018 According to an August 31 Canadian Press published in the Ottawa Citizen, key issues under debate included supply management, Chapter 19, pharmaceuticals, cultural exemption, the sunset clause, and de minimis thresholds.
Although President Donald Trump warned Canada on September 1 that he would exclude them from a new trade agreement unless Canada submitted to his demands, it is not clear that the Trump administration had the authority to do so without the approval of Congress.
On September 30, 2018, the day of the deadline for the Canada–U.S. negotiations, a preliminary deal between the two countries was reached, thus preserving the trilateral pact when the Trump administration submits the agreement before Congress. The new name for the agreement was the "United States—Mexico—Canada Agreement" (USMCA) and came into effect on July 1, 2020.
According to Tufts University political scientist Daniel W. Drezner, the Trump administration's desire to return relations with Mexico to the pre-NAFTA era are misguided. Drezner argued that NAFTA made it easier for Mexico to transform to a real democracy and become a country that views itself as North American. If Trump acts on many of the threats that he has made against Mexico, it is not inconceivable that Mexicans would turn to left-wing populist strongmen, as several South American countries have. At the very least, US-Mexico relations would worsen, with adverse implications for cooperation on border security, counterterrorism, drug-war operations, deportations and managing Central American Human migration.
According to Chad P. Bown (senior fellow at the Peterson Institute for International Economics), "a renegotiated NAFTA that would reestablish is unlikely to help workers who lost their jobs—regardless of the cause—take advantage of new employment opportunities".
According to Harvard economist Marc Melitz, "recent research estimates that the repeal of NAFTA would not increase car production in the United States". Melitz noted that this would cost manufacturing jobs.
According to a journal from the Law and Business Review of the Americas (LBRA), U.S. public opinion of NAFTA centers around three issues: NAFTA's impact on the creation or destruction of American jobs, NAFTA's impact on the environment, and NAFTA's impact on immigrants entering the U.S.
After President Trump's election in 2016, support for NAFTA became very polarized between Republicans and Democrats. Donald Trump expressed negative views of NAFTA, calling it "the single worst trade deal ever approved in this country". Republican support for NAFTA decreased from 43% support in 2008 to 34% in 2017. Meanwhile, Democratic support for NAFTA increased from 41% support in 2008 to 71% in 2017.
The political gap was especially large in concern to views on free trade with Mexico. As opposed to a favorable view of free trade with Canada, whom 79% of American described as a fair trade partner, only 47% of Americans believed Mexico practices fair trade. The gap widened between Democrats and Republicans: 60% of Democrats believed Mexico is practicing fair trade, while only 28% of Republicans did. This was the highest level from Democrats and the lowest level from Republicans ever recorded by the Chicago Council Survey. Republicans had more negative views of Canada as a fair trade partner than Democrats as well.
NAFTA had strong support from young Americans. In a February 2017 Gallup poll, 73% of Americans aged 18–29 said NAFTA was good for the U.S., showing higher support than any other U.S. age group. It also had slightly stronger support from unemployed Americans than from employed Americans.
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