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HomePolicy Articles Article Summary

Beyond Zero Sum: Trade, Regulation and NAFTA's Temporary Entry Provisions

Policy Matters by Allison Young

In this paper, Allison Young analyzes the provisions among the NAFTA signatories which govern the temporary entry of business persons. Young challenges the conventional view that domestic regulatory activity and international rule-making take place at the other’s expense. At the same time, she argues there is an ongoing mutual transformation of domestic and international rules; she cites the example of temporary entry provisions to illustrate her point. Young suggests that domestic and international rules are not as neatly separate as NAFTA suggests.

Young provides an overview of the conventional international relations literature pertaining to international and domestic rules; it stipulates that when international rules advance, the domestic state retreats (and vice versa). Young argues, however, that this assessment cannot account for the changing nature of the globalized state, in which domestic and external rules become mutually constitutive in a field of “unbundled territoriality.”

In this context, Young argues the detailed implementation of NAFTA provisions in each country can be seen as affecting the domestic regulatory environment, and vice versa. She argues that the broader policy implications of this are that trade and regulatory policies must be increasingly woven together, so that common objectives can be pursued, and that the costs and benefits of such a mutually constitutive relationship need to be more clearly acknowledged. Young concludes that new options to manage policies, which might best be pursued outside the state’s traditional territory (such as NAFTA’s Temporary Entry Provisions), should be encouraged.

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Policy Publication Details

Author(s): Allison Young;
Publisher: Institute for Research on Public Policy [ Visit Website ]
Year Published: 2004; Publisher Type: Research Institute
Publicly Available: Yes Research Focus: International;
Registration Required: No Language: English
Payment Required: No Publication Format: Adobe PDF

Subjects / Categories:

Policy Articles / International Trade, Development & Finance / North American Free Trade Agreement
Policy Articles / International Trade, Development & Finance / North American Free Trade Agreement / 2004
Policy Articles / International Trade, Development & Finance

Keywords / Tags:

temporary entry of business persons; domestic regulatory activity; international regulatory activity; "unbundled territoriality"; mutual relationship;