Renegotiation (2017-2018) of NAFTA’s Chapter XIX: Back to Protectionism

Abstract

After World War II the United States of America became the champion of international free trade. Paradoxically, they also became the most sophisticated designers of disguised protectionist measures. Domestic antidumping and countervailing duty systems were soon abused and used as protectionist weapons, so, based on the mechanism previously devised by Canada and the United States of America to prevent such excesses, Chapter XIX of the North American Free Trade Agreement resulted in an innovative and effective means to avoid suspicions and resolve disputes on the matter. In the renegotiation of NAFTA promoted by the Trump administration, the American claim is to disappear that chapter and the reason seems simple: protectionism.