Mend, Don’t End, NAFTA

COMMENTARY Trade

Mend, Don’t End, NAFTA

Apr 11, 2018 3 min read
COMMENTARY BY

Former Research Fellow For Economic Freedom and Growth

James M. Roberts' primary responsibility was to edit the Rule of Law and Monetary Freedom sections of Index of Economic Freedom.
Nafta does more than simply support jobs and build American wealth. Hayri Er/Getty Images

Key Takeaways

Key provisions in the agreement promote the rule of law and combat the undermining efforts of transnational organized crime.

Clearly, provisions such as the ISDS enhance security for U.S. investors and facilitate foreign investment here.

Those advances in the American energy sector continue to put downward pressure on domestic energy prices that work to the benefit American families.

Following months of political maneuvering and seven rounds of negotiations between U.S., Canadian, and Mexican officials, the fate of the North American Free Trade Agreement remains uncertain. Despite a clear record of advancing U.S. economic interests, the possibility remains that U.S. negotiators might remove key provisions responsible for those advances or even withdraw from the agreement altogether. This would be a grave mistake for the United States.

Negotiated a quarter century ago, Nafta was intended to create economic bridges across North America, linking producers in the U.S., Canada and Mexico with burgeoning markets across the region. By most measures, the agreement has been an astonishing success and a strong driver for Main Street America. Today, trade with Canada and Mexico supports 14 million American jobs and accounts for nearly $500 billion in annual exports. Post-Nafta, the U.S. economy has added, on average, over a million jobs per year and attracted nearly $4.5 trillion in foreign direct investment.

But Nafta does more than simply support jobs and build American wealth.

Canada and Mexico are two of our most significant energy trading partners. The strongly integrated North American energy trade relationship, along with our American energy revolution, has allowed the U.S. to solidify its global energy dominance. Remaining in Nafta is critical for building on the energy trade success the U.S. has achieved thus far.

Additionally, Nafta has helped provide much-needed stability for American firms doing business abroad. Key provisions in the agreement promote the rule of law and combat the undermining efforts of transnational organized crime.

Other measures safeguard substantial American overseas investments. For example, Nafta's Investor State Dispute System (ISDS) offers legal recourse for American businesses that find themselves on the wrong end of unscrupulous business practices. In fact, ISDS lawsuits filed in Canada and Mexico have resulted in settlements for American companies of over $100 million— compensation that would not be available if ISDS were eliminated from Nafta.

If American companies had to rely upon traditional state-to-state dispute settlement mechanisms and weaker legal protections for private property in Canada and Mexico, the result would be reduced protections for American investors. Clearly, provisions such as the ISDS enhance security for U.S. investors and facilitate foreign investment here.

Despite the advantages wrought by the ISDS, U.S. Trade Representative Robert Lighthizer reportedly is considering dropping the provision from a renegotiated Nafta. This possibility has drawn strong protests from the business sector and prompted more than 100 members of Congress to urge Lighthizer to support keeping the measure in place. Doing so would certainly be in keeping with the Trump administration's commitment to keep America open for business.

There is clearly much at stake when it comes to the future of Nafta. It is time for the U.S. to reinforce its commitment to free and open trade in North America. This starts with committing to modernizing and improving Nafta, but not withdrawing from or demanding harmful changes to the agreement. Walking away from Nafta simply does not advance American interests.

Rather than doing harm by eliminating beneficial provisions such as ISDS, Congress and the Trump administration should build on the economic benefits Nafta has already generated. Current Nafta renegotiations should focus on strengthening North American economies, creating a pathway for U.S. competitiveness with nations like China, and continuing to grow American jobs and American exports.

By supporting Nafta's future, we nurture the already robust and complex supply chains that support major industries such as auto manufacturing and pave the way for sustained growth in U.S. energy exports to Mexico and Canada. Those advances in the American energy sector continue to put downward pressure on domestic energy prices that work to the benefit of both American families and American producers. Importantly, a strong Nafta also reinforces our nation's significant agriculture sector, which has seen its exports in North America quadruple since the agreement went into effect.

With three in five American voters wanting their government to negotiate more trade deals, public support for Nafta remains strong. Hopefully, Congress and the Trump administration will continue to pay attention and work swiftly to keep Nafta advancing U.S. interests.

This piece originally appeared in Investor's Business Daily