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NAU court overrules U.S. Supreme Court

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posted on Jun, 20 2006 @ 12:51 PM
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www.humaneventsonline.com...

North American Union Would Trump U.S. Supreme Court

Right now, Chapter 11 of the NAFTA agreement allows a private NAFTA foreign investor to sue the U.S. government if the investor believes a state or federal law damages the investor’s NAFTA business.

Under Chapter 11, NAFTA establishes a tribunal that conducts a behind closed-doors “trial” to decide the case according to the legal principals established by either the World Bank’s International Centre for the Settlement of Investment Disputes or the UN’s Commission for International Trade Law. If the decision is adverse to the U.S., the NAFTA tribunal can impose its decision as final, trumping U.S. law, even as decided by the U.S. Supreme Court. U.S. laws can be effectively overturned and the NAFTA Chapter 11 tribunal can impose millions or billions of dollars in fines on the U.S. government, to be paid ultimately by the U.S. taxpayer.

...Under the Council on Foreign Relations (CFR) plan expressed in May 2005 for building NAFTA into a North American Union, the stakes are about to get even higher. A task force report titled “Building a North American Community” was written to provide a blueprint for the Security and Prosperity Partnership of North America agreement signed by President Bush in his meeting with President Fox and Canada’s then-Prime Minister Paul Martin in Waco, Tex., on March 23, 2005.

The CFR plan clearly calls for the establishment of a “permanent tribunal for North American dispute resolution” as part of the new regional North American Union (NAU) governmental structure that is proposed to go into place in 2010. As the CFR report details on page 22:

The current NAFTA dispute-resolution process is founded on ad hoc panels that are not capable of building institutional memory or establishing precedent, may be subject to conflicts of interest, and are appointed by authorities who may have an incentive to delay a given proceeding. As demonstrated by the efficiency of the World Trade Organization (WTO) appeal process, a permanent tribunal would likely encourage faster, more consistent and more predictable resolution of disputes. In addition, there is a need to review the workings of NAFTA’s dispute-settlement mechanism to make it more efficient, transparent, and effective.




posted on Jun, 21 2006 @ 09:21 PM
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Originally posted by hackster
the NAFTA tribunal can impose its decision as final, trumping U.S. law, even as decided by the U.S. Supreme Court. U.S. laws can be effectively overturned and the NAFTA Chapter 11 tribunal can impose millions or billions of dollars in fines on the U.S. government, to be paid ultimately by the U.S. taxpayer.

And if the US government agrees to enter into international trade relations, it should have to pay under international trade law.

The same arguements against these laws, I am sure, were made against Federal Law trumping State Law.


Under the Council on Foreign Relations (CFR) plan expressed in May 2005 for building NAFTA into a North American Union,

The CFR recomendations were not for a North American Union, they were for coordination between the US, Canadian, and Mexican governments on the issues of security, immigration, and trade.


A task force report titled “Building a North American Community” was written to provide a blueprint for the Security and Prosperity Partnership of North America agreement signed by President Bush in his meeting with President Fox and Canada’s then-Prime Minister Paul Martin in Waco, Tex., on March 23, 2005.

?

Bush never signed that document. The CFR comissioned a panel to come up with some ideas on the subject. The "BUilding a North American Community" document was the recommendations of that panel. It wasn't a legal document, and it wasn't signed into law.



The CFR plan clearly calls for the establishment of a “permanent tribunal for North American dispute resolution” as part of the new regional North American Union (NAU) governmental structure that is proposed to go into place in 2010.

This is false. The report makes recommendations for what can be accomplishedin 5 years, 10 years, etc. It doesn't call for an internationalist government strucuture. It calls for more cooperations between the Meixcan, Canadian, and US governments.

As demonstrated by the efficiency of the World Trade Organization (WTO) appeal process, a permanent tribunal would likely encourage faster, more consistent and more predictable resolution of disputes.

And what, precisely, is wrong with that?

If we are to foster economic trade between nations, then those nations need a way in which to settle disputes. The WTO already does that, for the whole planet. What the author of the web article is talking about is merely a similar process between the US, Canada, and Mexico.

Please explain why there shouldn't be such an insitution.





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