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The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
Indiana Journal of Global Legal Studies
The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Indiana Journal of Global Legal Studies
Professor Buchanan begins her paper by questioning whether
recent economic and political shifts towards notions of
"globalization" (e.g., the NAFTA) have failed to consider the
politics or economics of change in particular places. Her prime
example of a "place" where integration is illogically forced against
a background of differentiation is the U.S.-Mexico border region.
Through the scope of a "regulatory complex" (a complex of legal,
institutional, regulatory, and social orderings), she departs from the
common view of the NAFTA as a productive tool of North American
integration, and instead views the NAFTA as exacerbating
"differences between localities, industries, and labor …