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Journal of International Economic Law Advance Access published online on March 3, 2009
Journal of International Economic Law, doi:10.1093/jiel/jgp002
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© Oxford University Press 2009, all rights reserved

Regulatory Convergence, Security and Global Administrative Law in Canada–United States Trade

Maureen Irish*

Correspondence: *Professor, Faculty of Law, University of Windsor, Windsor, Ontario, Canada. E-mail: mirish{at}uwindsor.ca. This article is based on a shorter note prepared for the conference of the International Association of Law Schools, ‘The Law of International Business Transactions: A Global Perspective’ held in Hamburg, Germany, 10–12 April 2008.


  Abstract

The North American Free Trade Agreement (NAFTA) contains provisions that encourage regulatory convergence among member countries. Convergence within regional trade agreements raises several issues, including questions of political accountability and the potential application of most favoured nation (MFN) rights to any mutual recognition agreements (MRAs) that are negotiated. The author suggests an interpretation of MFN obligations that is compatible with closed MRAs. As well, she addresses the contribution of global administrative law to procedures for accountability. This article argues that border security concerns should not over-ride other public policies on levels of convergence and economic integration. Even between contiguous countries, there is no reason to presume that regional trade agreements ought to adopt common security perimeters.


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