
Environmental Encyclopedia 3
North American Free Trade Agreement
time to adjust gradually to competition from products of
other NAFTA countries. Those products for which tariffs
are being phased out gradually are labeled “sensitive prod-
ucts” and include many farm commodities. For example, to
protect Mexican producers, corn and dry beans are being
protected through a “phase-out” period for tariffs. Producers
in the United States are being protected with respect to
sugar, asparagus, orange juice concentrate, and melons.
The
automobile
industry is another area for which
NAFTA includes special provisions. NAFTA sets out for-
mulas requiring a certain minimum percentage of content
from North America (the three NAFTA parties) for an
automobile to qualify for duty-free treatment. By 2002, auto-
mobiles must contain 62.5% North American content to
qualify for such treatment.
The fact that Mexico agreed to abolish tariffs in certain
sectors of the economy is important to U.S. investors. For
example, telecommunications in Mexico are underdevel-
oped, and that country has a poor quality telephone system.
By 1998, Mexico phased out all tariffs on telecommunica-
tions service and equipment.
Removal of non-tariff barriers to trade
NAFTA removes certain barriers to trade that are not
in the form of tariffs. For example, NAFTA allows financial
service providers of a NAFTA country to establish banking,
insurance, securities operations, and other types of financial
services in another NAFTA country. NAFTA also provides
U.S. and Canadian firms with greater access to Mexico’s
energy markets. Under NAFTA, U.S. and Canadian firms
can sell products to PEMEX, Mexico’s federally owned
petroleum
company. In addition, Mexico has opened opera-
tion of self-generation,
cogeneration
, and independent
power plants
in Mexico to investment by U.S. or Cana-
dian firms.
Transportation
has also been facilitated by NAFTA.
Since 1995, U.S., Mexican, and Canadian firms have been
allowed to establish cross-border routes. In the early summer
of 2002, the United States signed an agreement allowing
Mexican trucks to travel throughout the United States. The
long-term effects of transportation agreements are difficult
to evaluate, however.
Statistics
for 2001 indicate that truck
crossings into the United States from Canada and Mexico
fell by 4.2% from their level in 2000. This decrease represents
the first annual decline since the agreement among the three
countries took effect in 1994. On the other hand, this de-
crease may be only temporary, as it reflects the impact of
tightened border security measures following the terrorist
attacks of September 11, 2001.
NAFTA does not create a common market for move-
ment of labor, but it does provide for temporary entry of
business people from one NAFTA country into another.
The four different categories for such movement of workers
988
include business visitors in marketing, sales and related activ-
ities, traders and investors, specified kinds of intracompany
transfers, and specified professionals meeting educational or
special knowledge requirements.
Dispute resolution
Administration of NAFTA is handled by a Commis-
sion of cabinet-level officers each of whom has been ap-
pointed by one of the NAFTA countries. The Commission
includes a Secretary, who is the chief administrator.
The process for resolution of disputes under NAFTA
is cumbersome and time-consuming. When a dispute arises
with respect to a NAFTA country’s rights under the
agreement, a consultation can be requested. If the consulta-
tion does not resolve the dispute, the Commission will seek
to resolve the dispute through alternative dispute resolution
procedures. If those are unsuccessful, the complaining coun-
try can request the establishment of a five member arbitration
panel which will recommend solutions, monitor results, and,
if necessary, impose sanctions.
NAFTA’s side agreements
In areas involving labor law and environmental protec-
tion, NAFTA’s provisions are limited.
Labor side agreement
The North American Agreement on Labor Coopera-
tion, also known as the “Side Agreement on Labor” or
“Labor Side Agreement,” was negotiated in response to con-
cerns that NAFTA itself did little to protect workers in
Mexico, the United States, and Canada. In the Labor Side
Agreement, the three countries articulate their desire to
improve labor conditions and encourage compliance with
labor laws. Each party agrees to enforce its own labor laws,
but new laws protecting workers are not established. The
Agreement establishes a multiple-step process for dealing
with instances in which a NAFTA country has exhibited a
“consistent pattern of ... failure to effectively enforce its own
occupational safety and health, child labor, or minimum
wage labor standards.” If the three NAFTA parties cannot
agree to a resolution, then a committee of experts can be
convened to assist in resolving the dispute.
Seven years after NAFTA was enacted, a number of
observers consider its side agreement on labor a conspicuous
failure that protected international investors at the expense
of ordinary workers in all three countries. In the United
States, NAFTA led to the elimination of 800,000 manufac-
turing jobs. Contrary to predictions in 1995, the agreement
did not result in an increased trade surplus with Mexico,
but the reverse. As manufacturing jobs disappeared, workers
in the United States were downscaled to lower-paying, less-
secure services jobs. Employers’ threats to move production
to Mexico became a powerful weapon for undercutting work-
ers’ bargaining power. In Canada, a similar process has