Activity 5

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Nombre: Matrícula:

Lizbeth Valverde Tirado 3045083


Nombre del curso: Nombre del profesor:
Consular and Diplomatic Law Jacobo Guerra Bandín
Módulo: 1 Actividad: 5
Fecha: 19 febrero 2024
Bibliografía (APA):
North American Free Trade Agreement (NAFTA). (s. f.). International Trade
Administration | trade.gov. https://www.trade.gov/north-american-free-trade-
agreement-nafta
Kenton, W. (2023, 29 abril). What Was the North American Free Trade Agreement
(NAFTA)? Investopedia. https://www.investopedia.com/terms/n/nafta.asp
Wikipedia contributors. (2024, 4 febrero). North American Free Trade Agreement.
Wikipedia. https://en.wikipedia.org/wiki/North_American_Free_Trade_Agreement

1. First, search in official pages for an international treaty signed by Mexico.


You can either choose the treaties in which human rights are recognized or
you can search for one on the Ministry of Foreign Affairs’ website.
NAFTA (THE NORTH AMERICAN FREE TRADE AGREEMENT)

2. Once you have selected the treaty, read it, and then answer the following
questions. While you may cite the treaty, please use your own words in a
clear and straightforward manner. If you provide citations, remember to use
the APA guidelines:
◦ What is the objective and purpose of the treaty?
The primary objective of NAFTA was to eliminate barriers to trade and investment
between the United States, Canada, and Mexico, creating a free trade zone in North
America. This aimed to increase economic growth, create jobs, and improve the overall
standard of living in all three countries.

◦ How is it structured?
NAFTA consisted of 22 chapters covering various aspects of trade and investment,
including:
- Elimination of Tariffs: Gradual elimination of tariffs on most goods traded between
the three countries.
- Rules of Origin: Defining the criteria for goods to qualify for preferential treatment
under NAFTA.
- Investment: Ensuring fair and non-discriminatory treatment for foreign investors in
each country.
- Services: Liberalizing trade in various service sectors, like financial services and
telecommunications.
- Intellectual Property: Protecting intellectual property rights such as patents,
copyrights, and trademarks.
- Dispute Settlement: Establishing mechanisms for resolving trade disputes between
governments and private companies.

◦ What are its relevant provisions and how are they related?
The provisions of NAFTA were interconnected and designed to work together to achieve
its overall objective.
- Elimination of tariffs aimed to make goods cheaper and more accessible,
encouraging trade and investment.
- Rules of origin ensured fairness and prevented circumvention of tariff reductions.
- Investment provisions promoted investment flows, which could create jobs and
stimulate economic growth.
- Service liberalization opened up new markets for companies and created
opportunities for competition.
- Intellectual property protection encouraged innovation and investment in knowledge-
based industries.
- Dispute settlement mechanisms provided a stable and predictable environment for
businesses operating across borders.

◦ Are they consistent with Mexican Constitutional Law? With any other
Mexican legal provision?
The consistency of NAFTA with Mexican Constitutional Law was a subject of debate.
Some argued that certain provisions, like those on investor-state dispute settlement,
violated national sovereignty and constitutional guarantees. Others maintained that
NAFTA complied with the Constitution when properly interpreted and implemented.
Ultimately, the Mexican Supreme Court upheld the constitutionality of NAFTA in several
rulings. However, there were concerns about specific provisions, and these contributed
to the eventual renegotiation of NAFTA into the United States-Mexico-Canada
Agreement (USMCA).

3. Next, find and list at least two secondary sources to interpret it.
It can be “The North American Free Trade Agreement (NAFTA): A Critical Handbook"
edited by John H. Langum (1994) or the book “NAFTA: A Retrospective" edited by David
C. Warner.

4. Finally, record a video where you justify why these are legitimate sources for
the interpretation of the treaty you chose.

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