'Alongside' the Fast Track: Environmental and Labor Issues in FTAA

Abstract

This article discusses the fast track procedure and its recent use in the context of environmental and labor issues. The procedure, which allows the President to negotiate international trade agreements and bypass Congressional amendments, emerged in 1997 as an element of a larger debate concerning executive-legislative interaction regarding trade negotiations. Specifically, the author notes, as the United States becomes increasingly involved in the international economy and globalization, its labor and environmental laws become more internationally focused. These issues are central to current Free Trade Area of the Americas (FTAA) negotiations.

In his discussion, the author considers "trade-relatedness", the standard which Congress uses to determine whether the fast track procedures will be extended to trade agreements. This concept has proven to be flexible and is driven by as much domestic international concerns as it is by political and economic issues. Offering insight into Congressional-Presidential interactions surrounding trade agreements, the author illustrates how the United States' trading positions struggle to balance national and international economic agendas with social policies.

Keywords: Fast track, Free Trade Area of the Americas (FTAA), environmental issues, labor issues, NAFTA, WTO, "trade constitution", The Trade Act, "alongside" orientation, trade-relatedness, Chile, MERCOSUR, sanctions, unilateral trade, tariffs, Tuna/Dolphin, International Labor Organization, General System

JEL Classification: K31, K32, K33, K39