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Mexican Truckers File $6 Billion Claim Against U.S. in Nafta Spat
WSJ ^ | June 2 2009 | JOSE DE CORDOBA

Posted on 06/02/2009 4:38:43 AM PDT by radar101

MEXICO CITY -- A Mexican trade association representing more than 4,500 trucking companies is seeking $6 billion in damages from the U.S. government because of Washington's refusal to allow Mexican trucks to carry cargo over U.S. roads.

The group, Canacar, filed a demand for arbitration under the North American Free Trade Agreement with the U.S. State Department in April, but didn't publicize the move until Monday.

"We want reciprocity," said Pedro Ojeda, a lawyer for Canacar. "The U.S. has notoriously not kept its commitments." Mr. Ojeda said the complaint is the largest such demand made under Nafta, as the 1993 pact is known.

Deborah Mesloh, a spokeswoman for U.S. Trade Representative Ron Kirk, said Monday that, "We take our trade obligations very seriously and this is an issue we've been working on for a couple months." A State Department spokesman said the claim is "being studied."

The arbitration demand is the latest fallout from legislation signed earlier this year by President Barack Obama canceling a pilot program that had allowed Mexican trucks to carry cargo on U.S. roads. In March, the Mexican government retaliated by slapping tariffs on $2.4 billion of U.S. goods.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Business/Economy; Crime/Corruption; Foreign Affairs; Government; Mexico
KEYWORDS: aliens; corruption; mexico; nafta
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To: wolfcreek
Cross border trucking was only half of the equation, cross border investment in the trucking industry was the other half.

Those US investors, as well as far fewer Mexican investors who invested north of the border, have had their investment stranded.

The Mexican govt won their case against the US pursuant to NAFTA Chapter 20 while the investors' claim will be pursuant to Chapter 11. Chapter 11 contains the investor protections against creeping or changing regulations.

Reagan insisted that the investor protections be included.

21 posted on 06/02/2009 12:26:27 PM PDT by Ben Ficklin
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To: cripplecreek

Let me ask you a question. If a truck is domiciled in Mexico, but is owned by a US company, is that a US truck or a Mexican truck?


22 posted on 06/02/2009 12:30:01 PM PDT by Ben Ficklin
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To: Ben Ficklin

Don’t know don’t care. I just enjoy seeing you free traitors getting bent over a stump.


23 posted on 06/02/2009 12:32:33 PM PDT by cripplecreek (The poor bastards have us surrounded.)
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To: cripplecreek
Thru the years, Mexico has undergone many reforms, including union reforms. Whereas there were only govt unions in Mexico, there are now also private unions, tho the deck is still stacked against the private unions.

In the coming years there will be more reforms opening the door further for private unions and the dems certainly want the teamsters and United Farm Workers to get their shot at representing Mexican workers.

If the investors can globalize, why not the unions?

24 posted on 06/02/2009 12:42:16 PM PDT by Ben Ficklin
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To: Ben Ficklin

“NAFTA Chapter 11 is the portion of the North American Free Trade Agreement that allows investors from one NAFTA country to sue the government of another NAFTA country for actions which hurt them or their investments. Its protections include: a promise to pay full, fair and effective compensation when governments expropriate investments made in their territories; as well as a promise by NAFTA governments to provide investors from the other countries “treatment no less favourable” than that which they have given to their own investors in the North American Free Trade Area.”

Wouldn’t US investor be sueing their own country in this case?


25 posted on 06/02/2009 12:43:57 PM PDT by wolfcreek ( The Republican Party shouldnÂ’t open itself like a whorehouse to new voters)
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To: Ben Ficklin

Go ask your boy Zero for a bailout and leave Americans alone.


26 posted on 06/02/2009 12:44:59 PM PDT by cripplecreek (The poor bastards have us surrounded.)
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To: radar101

Invasion-as-usual. Nothing to see here, move along.


27 posted on 06/02/2009 12:49:42 PM PDT by La Enchiladita ("You ain't seen nuthin' yet!!," B. Hussein Obama, the 20th Hijacker)
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To: Ben Ficklin; cripplecreek; radar101
Not that I think Barry knows what he's doing but, NAFTA haasn’t lived up to it's agreements or promises.

The establishment of NAFTA tribunals (International courts) is an affront to the sovereignty of this country and the others for that matter.

Congress was duped again (or complicit)

http://www.nytimes.com/2004/04/18/politics/18COUR.html

28 posted on 06/02/2009 12:58:15 PM PDT by wolfcreek ( The Republican Party shouldnÂ’t open itself like a whorehouse to new voters)
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To: wolfcreek
"Wouldn't the US investor be sueing their own country in this case?"

Yes, and that is the rub. The original justification for the investor protections was that when US investors went into Latin America under an Investor-State trade agreement aka Free Trade Agreement, the investor could protect himself against taxes, but he would not be able to protect his investment from taxes masquerading as enviro or labor regulations.

In this sense, Chapter 11 was a shield. But after NAFTA was signed the lawyers converted the shield into a sword and began using it to attack US regulations.

This is what started the democrats' conspiracy theory that the GOP and the Federalist Society were using NAFTA, CAFTA, and FTAA to roll back the New Deal

29 posted on 06/02/2009 1:00:50 PM PDT by Ben Ficklin
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To: Ben Ficklin

Guess *comspiracies* work both ways.


30 posted on 06/02/2009 1:03:56 PM PDT by wolfcreek ( The Republican Party shouldnÂ’t open itself like a whorehouse to new voters)
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To: wolfcreek

The left wing populists in latin America and the rightwing populists in the US have stopped FTAA so we will never know if the conspiracy theory was true.


31 posted on 06/02/2009 1:08:55 PM PDT by Ben Ficklin
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To: wolfcreek
"an affront to the sovereignty of this country"

If our sovereignty is determined by our regulatory law.

Like all democrats, you love regulatory law.

32 posted on 06/02/2009 1:12:34 PM PDT by Ben Ficklin
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To: Ben Ficklin

You don’t believe in sovereignty?


33 posted on 06/02/2009 1:15:50 PM PDT by wolfcreek ( The Republican Party shouldnÂ’t open itself like a whorehouse to new voters)
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To: wolfcreek
Yes, but I measure sovereignty different than you.

In this case you say our sovereignty is measured on our regulatory law, I say it isn't.

We need to eliminate regulatory law whenever, wherever, and however.

34 posted on 06/02/2009 1:21:13 PM PDT by Ben Ficklin
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To: wolfcreek
“NAFTA trade down almost 28 percent in March.”

But remittances are only down about 19%. Go figure.

Trade between Mexico, Canada and the US isn't exactly correlated with remittances from the US to Mexico. Go figure.

35 posted on 06/02/2009 1:22:45 PM PDT by Toddsterpatriot (Math is hard. Harder if you're stupid.)
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To: cripplecreek
“Free” trade? Do what we tell you or we’ll sue.

Fulfill your agreements or we'll sue.

36 posted on 06/02/2009 1:23:58 PM PDT by Toddsterpatriot (Math is hard. Harder if you're stupid.)
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To: Ben Ficklin
“We need to eliminate regulatory law whenever, wherever, and however.”

Right and allow companies and individuals to trample environmental and local laws at will? That's the biggest problem with globalization. It doesn't have a soul.

Do you?

37 posted on 06/02/2009 1:29:59 PM PDT by wolfcreek ( The Republican Party shouldnÂ’t open itself like a whorehouse to new voters)
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To: Toddsterpatriot

KMTA


38 posted on 06/02/2009 1:31:53 PM PDT by wolfcreek ( The Republican Party shouldnÂ’t open itself like a whorehouse to new voters)
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To: wolfcreek

Does your wife know how you swing?


39 posted on 06/02/2009 1:34:40 PM PDT by Toddsterpatriot (Math is hard. Harder if you're stupid.)
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Comment #40 Removed by Moderator


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