Article III, the Foreign Relations Power, and the Binational Panel System of NAFTA

Abstract

The North American Free Trade Agreement (NAFTA) creates a free trade zone between the United States, Canada, and Mexico. To safeguard against biased application of antidumping and countervailing duty law, NAFTA creates a binational panel review system. The novelty of the binational panel system, however, raises serious constitutional concerns. After examining Article II1 of the United States Constitution, the foreign relations power, and the decisions interpreting them, the author argues that NAFTA 's binational panel system does not violate the principles and requirements of Article II.