Chicago Journal of International Law


This Article reviews the manner in which international trade regimes regulate state and provincial behavior by comparing and contrasting the "federal clauses" of the North American Free Trade Agreement ("NAFTA") and the General Agreement on Tariffs and Trade ("GATT")/WTO. Section II provides an overview of the current aggressive trade agenda and how subfederal actors in the United States and Canada are becoming increasingly involved in trade issues, with potential negative ramifications for the international trade system. Section III explores the constitutional distribution of powers in the United States and Canada and how this impacts the international trade system. Section IV examines the history of GATT/WTO and NAFTA efforts to regulate federal nation-states, including a look at relevant international dispute settlement decisions. Section V concludes with a summary of the challenges facing international regulation of federal nation-states and recommendations for improving regulation in this area.