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To: Taikun who wrote (53957)10/4/2004 11:29:14 PM
From: rz  Read Replies (1) | Respond to of 74559
 
Taikun,

I think I know which clause in NAFTA you are talking about. I cut and paste it below for verification. If that's the one then we are talking about a gift from American lawyers to the entire Canadian Nation. The full text of NAFTA should look as follows: "Goods and services go to the highest bidder." This would be a true free trade agreement. Unfortunately the full text of the agreement is adorned with additional clauses but not to the point where we should not be able to understand it. Most of the clauses are inserted in order to compensate some parties which perhaps because of inadequate nurture or perhaps because of genetic defect are not able to survive in a pure free trade. For example the clause that I think you are referring to allows Canadians to suspend free trade by introducing export restrictions but with certain limitations as explained below:

Article 605: Other Export Measures

A Party may maintain or introduce a restriction otherwise justified under the provisions of Articles XI:2(a) and XX(g), (i) and (j) of the GATT with respect to the export of an energy or basic petrochemical good to the territory of another Party, only if:

(a) the restriction does not reduce the proportion of the total export shipments of a specific energy or basic petrochemical good made available to such other Party relative to the total supply of that good of the Party maintaining the restriction as compared to the proportion prevailing in the most recent 36-month period for which data are available prior to the imposition of the measure, or in such other representative period on which the Parties involved may agree;

www-tech.mit.edu

Let me know if you think I am wrong, otherwise let's have a drink to the health of the generous American lawyers.

Cheers,
Mark