Canada Immigration and Citizenship News

Law and Business Review of the Americas

Fall, 2002

Comment and Casenote

USING IMMIGRATION AS A PROTECTIONIST MECHANISM WHILE PROMOTING FREE

TRADE

Melinda McGehee

Copyright ?2002 by Kluwer Law International, The Hague, The Netherlands;

Melinda McGehee

Table of Contents

I.    Introduction                              

II.   Annex to Chapter 16--Immigration Provisions

III.  European Union and Immigration            

IV.   The Problem ... and Now the Solution      

V.    Conclusion                                

 I. Introduction

  Chapter sixteen of the North American Free Trade Agreement (NAFTA) "reflects the preferential trading relationship between the parties" as it covers the temporary entry for business persons. NAFTA is a free trade agreement that not only must set guidelines for trading--the movement of goods and services between Canada, Mexico, and the United States--but also for the movement of people. If the people cannot functionally and efficiently travel from one country to the next, then clearly trade under NAFTA would be inhibited. Goods need to be delivered to the respective country and of course, services need to be provided--neither of which can be done without the movement of persons.

  However ridiculous or simple this issue of allowing people to cross borders appears in order for productive trading, it has become a realistic concern and has indeed caused frustrations under NAFTA. For example, simply by analyzing article 1601 "General Principle," one begins to understand the inherent contradictions within. Article 1601

    "declare[s] the fact that the NAFTA's immigration provisions should reflect the 'preferential trading relationship between the parties, the desirability of facilitating temporary entry on a reciprocal basis and of establishing

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