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New North American trade deal launches under growing threat of disputes

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Mexico’s President Andres Manuel Lopez Obrador looks on as Canadian Deputy Prime Minister Chrystia Freeland, Mexican Deputy Foreign Minister for North America Jesus Seade, and United States Trade Representative Robert Lighthizer sign documents during a meeting at the Presidential Palace, in Mexico City, Mexico December 10, 2019. (Reuters file photo)

Deal

Washington, July 1, 2020 The revamped trade pact between the United States, Canada and Mexico, taking effect on Wednesday, was meant to create a kind of fortress North America, boosting the region’s competitiveness – but cracks are already starting to show in the foundation.

As the deal kicks in, the Trump administration is threatening Canada with new aluminium tariffs, and a prominent Mexican labour activist has been jailed, underscoring concerns about crucial labour reforms in the replacement for the 26-year-old North American Free Trade Agreement.

The risk of disputes among the three trading partners is growing, analysts say.

The United States-Mexico-Canada Agreement includes tighter North American content rules for autos, new protections for intellectual property, prohibitions against currency manipulation and new rules on digital commerce that did not exist when NAFTA launched in 1994, an agreement United States President Donald Trump has lambasted as the “worst trade deal ever made”.

The coronavirus has all three countries mired in a deep recession, cutting their April goods trade flows – normally about $1.2 trillion annually – to the lowest monthly level in a decade.

“The champagne isn’t quite as fizzy as we might have expected – even under the best of circumstances – and there’s trouble coming from all sides,’’ said Mary Lovely, a Syracuse University economics professor and senior fellow at the Peterson Institute for International Economics in Washington.

“This could be a trade agreement that quickly ends up in dispute and higher trade barriers.’’

Issues dogging USMCA include hundreds of legal challenges to Mexico’s new labour law championed by President Andres Manuel Lopez Obrador to ensure that workers can freely organise and unions are granted full collective bargaining rights.

A ruling against it would harm Mexico’s ability to deliver on provisions aimed at ending labour contracts agreed without worker consent that is stacked in favour of companies and has kept wages chronically low in Mexico.

Democrats in the United States Congress had insisted on the stronger labour provisions last year before granting approval, prompting a substantial renegotiation of terms first agreed in October 2018.

The arrest of a Mexican labour lawyer, Susana Prieto, in early June has fuelled United States unions’ arguments that Mexican workers’ rights are not being sufficiently protected.

“I remain very concerned that Mexico is falling short of its commitments to implement the legislative reforms that are the foundation in Mexico for effectively protecting labour rights,’’ United States Representative Richard Neal, Chairman of the House Ways and Means Committee, said on Tuesday.

Neal added that USMCA’s success “truly hinges” on its new labour enforcement mechanism.

United States Trade Representative, Robert Lighthizer, has said he will file dispute cases “early and often” to enforce USMCA provisions, citing Mexico’s failure to approve United States biotech products.

That could lead to increased tariffs on offending goods, such as products from individual factories where labour violations are found.

Carlos Vejar, a former Mexican trade negotiator, said it was in the country’s interest to uphold pledges made to strengthen unions and end child labour.

“If Mexico isn’t mindful of this, there will be cases against Mexico, and Mexico will lose them,’’ Vejar said.

United States national security tariffs on imported steel and aluminium – including from Canada and Mexico – were a major irritant during USMCA negotiations until a deal for exemptions was reached last year.

But now, USTR is considering domestic producers’ request here to restore the 10 per cent duty on Canadian aluminium to combat a “surge” of imports across the northern border.

Canadian Prime Minister Justin Trudeau on Monday told reporters that these would hurt both countries and raise materials costs for United States manufacturers.

Another source of disputes could be the energy sector, where the main United States oil and gas lobby has already complained that recent actions by Mexico favouring state oil company Pemex violate protections for private investors carried over from NAFTA.

Canada has also complained about new Mexican rules formally threatening investment in renewable energy.

USMCA will put new compliance burdens on the region’s automotive manufacturers as the coronavirus craters consumer spending and auto production.

Within three to five years, vehicles’ minimum North American content rises to 75 per cent from 62.5 per cent.

Automakers must also produce 40 per cent of their vehicles’ content in “high wage” areas – effectively the United States and Canada.

A United States International Trade Commission study found this would draw more auto parts production to the United States, but may curb United States vehicle assembly and raise prices, limiting consumer choice in cars.

The same panel found that after 15 years, the deal would add $68.5 billion annually to United States economic output and create 176,000 jobs compared with a NAFTA baseline.

AIB

Edited By: Abdulfatah Babatunde (NAN)

Babatunde Abdulfatah: is a graduate and a professionally trained journalist, with experience in national news reporting/editing and verification at the News Agency of Nigeria. NNN is a Nigerian online news portal that publishes breaking news in Nigeria, and across the world. Our journalists are honest, fair, accurate, thorough and courageous in gathering, reporting and interpreting news in the best interest of the public, because truth is the cornerstone of journalism and they strive diligently to ascertain the truth in every news report. Contact: editor[at]nnn.com.ng

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