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Florida Journal of International Law

Abstract

It was my initial intention to discuss several areas of the proposed North American Free Trade Agreement (NAFTA), such as rule of origin and dispute resolution alternatives. But several speakers have already spoken about these issues, and I must admit both a reluctance to return to those topics, and a sense that what most of us here have to say about these issues is mostly speculation. Those of us who are able to speak on the draft agreement really do not know what is in that agreement. Those persons here who are involved in the negotiating process may not speak about the details of the current status of the negotiations, which is being kept secret. I think it appropriate, therefore, to make several observations about a few parts of the process which have not been discussed at any length, and then to focus on one issue not yet identified. That issue arises from the fact that a NAFTA will create more trade, and therefore, there will be more private conflicts. Those conflicts will have to be resolved between the parties, for they will not fall under the NAFTA. My final comments will address several of those issues.

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