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In reply to the discussion: White House readies order on withdrawing from NAFTA [View all]pampango
(24,692 posts)Under Article 2205, however, a participating country may withdraw from the agreement once the six-month period ends. Thats no small difference: The first phrasing sets forth that a country must withdraw, while the second one indicates that a country can withdraw.
Jon Johnson, an adviser to the Canadian government during the original NAFTA negotiations, described this crucial phrasing earlier this year as a potential barrier for Trumps unilateral action. Under the plain wording of NAFTA Article 2205, providing the written notice is simply a condition that a party has to fulfill before it proceeds to withdraw from NAFTA, he wrote. Providing the notice does not have the effect of causing a party to withdraw from NAFTA.
Whats more, Trump might not have the lawful authority to yank the United States out of the agreement. Congress enacted NAFTAs provisions by passing a federal law called the Implementation Act, Johnson explained, and that law doesnt grant the president the power to withdraw from NAFTA unilaterally. Since NAFTA was approved by Congress under the authority expressly granted to Congress under the Commerce Clause, it follows that only Congress has the power to reverse that approval and cause the United States to withdraw from NAFTA, he concludes.
https://www.theatlantic.com/politics/archive/2017/04/trump-nafta-withdrawal-order/524463/
Once again Trump may be frustrated that he cannot rule unilaterally by executive orders and unilateral executive action.