Canadian Sovereignty has Eroded

Canadian independentty has wear away since the implementation of the Canada-US Free Trade Agreement, and this erosion has continued chthonian the North American Free Trade Agreement (NAFTA). In each of these balances, Canada's experience has been that regardless of dispute rulings in its favour, the major power in these agreements, the linked States, will non keep up in good faith, although Canada is expected to and does comply with unfavourable rulings. iodine result has been that Canada has had to take many disputes that, in theory should be settled within NAFTA, to the World Trade Organisation (WTO). The receipt of the United States to WTO rulings unfavourable to them is much the same as their reception to unfavourable NAFTA rulings, although the WTO has somewhat more success than does NAFTA in enforcing its rulings (Martin, 2005).

The WTO, which in effect is the legal embodiment of the globalisation of economic activity, however, poses its avow dangers to read s everywhereeignty. Globalisation, thus, likely will continue the erosion of Canadian state sovereignty.

The Globalisation of Trade and Finance

Globalisation ? the spread of economic innovations and activity around the world, together with the political and cultural adjustments that cooccur with such diffusion ? is not a new phenomenon or even a 20th century phenomenon. Rather, globalisation has been occurrin

Perhaps the greatest threat to state sovereignty associated with the process of globalisation is the Multilateral Agreement on Investment (MAI). The MIA has been pur carry outd by the Organisation for Economic Cooperation and victimization (OECD) since the mid-1990s. While the OECD has not managed to get the agreement ratified by all of the organisation's members, it has been able to secure inclusion of some aspects of the proposed agreement in other trade agreements ? the WTO to a somewhat trammel extent and the NAFTA to a very great extent.

The inclusion of aspects of the MAI in the NAFTA is highly relevant to the threats to Canada's sovereignty posed by globalisation, because it was the United States, not Canada or Mexico, that insisted in the inclusion of the MAI provisions in the NAFTA (Stothart, 2003).

Austin-Broos, D. (2003, April). Globalisation and the genesis of values. Australian Journal of Anthropology, 14, 19-29.

The current text of the MAI gives private corporations and foreign investors legal standing to directly sue governments of sovereign states. If a corporation or investor feels they are not getting everything promised by the MAI, they can demand payment from a sovereign state using a special MAI tribunal. The internationalistic tribunals that would hear the dispute could impose monetary fines on sovereign states. The only other forum under international justness in which this kind of "private standing" exists is the one authorize by the NAFTA. Under the NAFTA investment protocol, the United States-based Ethyl mess sued the Canadian government for $251 million dollars in damages over a public health and safety law that tabu the known toxin MMT ? a gasoline additive which Ethyl produces. fit in to Ethyl, the Canadian law constituted a measure tantamount(predicate) to expropriation under the terms of NAFTA and was thereby a violation. This case is a preview of future events on a global case if the MAI is ratified.

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