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Full-Text Articles in Law

Withdrawing From Nafta, Alison Peck Mar 2019

Withdrawing From Nafta, Alison Peck

Faculty & Staff Scholarship

Since the 2016 campaign, Donald Trump has threatened to withdraw from NAFTA. Can he? The question is complex. For one thing, NAFTA is not a treaty negotiated under the Treaty Clause of the Constitution, but rather a congressional–executive agreement, a creature of dubious con- stitutionality and ill-defined withdrawal and termination parameters. This Article reviews the scope of those restrictions and concludes that unilateral presidential withdrawal from NAFTA, although not without support, is ultimately unlawful. On one hand, unilateral presidential withdrawal would be valid as a matter of international law, and the NAFTA Implementation Act appears to be designed to terminate …


International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli Jan 1995

International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli

Scholarly Works

No abstract provided.


Can Buckley Clear Customs?, Harold H. Bruff Jan 1992

Can Buckley Clear Customs?, Harold H. Bruff

Publications

No abstract provided.