DOCUMENTS FROM NAFTA’S SECRET TRIBUNALS from the National Security Archives
The PBS documentary Bill Moyers Reports: Trading Democracy, which premieres tonight, February 5, at 10 p.m. Eastern time (local times may vary) exposes an obscure provision of the North American Free Trade Agreement (NAFTA) that has given multinational corporations the power to demand compensation if a law of any one of the three NAFTA countries – the United States, Mexico or Canada – threatens their potential profits. Laws designed to protect the environment or public health, the decisions of states or local communities – even jury verdicts – can prompt a corporation to file a lawsuit. But instead of bringing claims through the court system, these NAFTA Chapter 11 cases are heard by trade tribunals that meet in secret, without public participation or oversight. And although the rulings can mandate millions of tax dollars in compensatory payments, NAFTA makes no provision for a full appeal to US courts – and sets no caps on the amount of damages that can be awarded.