The Federalist Society

NAFTA, Sovereignty and Tradeoffs

June 9, 2003

Damara Griffith

This paper provides an overview of NAFTA and the tensions that exist between American sovereignty and the promotion of free trade and investment under NAFTA. Part II defines sovereignty as the term is used in this paper. Part III reviews the history of NAFTA, including the negotiation process and the incentives behind the Agreement and then gives a brief overview of the terms of NAFTA. Part IV examines three of the most controversial aspects of NGO participation in NAFTA. Finally, Part V outlines NAFTA’s investment protection mechanisms and considers key case studies illustrating some of the tradeoffs that have been made between NAFTA and American sovereignty.

NAFTA, Sovereignty and Tradeoffs  


The Federalist Society