Warning on "executive agreements":
Be on guard for drift in the official legal status of the Security and Prosperity Partnership (SPP) signed by President Bush in March of 2005. Considering the Supreme Court rulings to date, the SPP (or a successor) becoming a formal executive agreement under the pre-existing NAFTA umbrella could take take the process outside the scope of Congressional contro
This article explains how a group of unions have challenged North Carolina's right to work laws.
In October, a coalition of US, Mexican and Canadian labor unions filed a complaint in a NAFTA created tribunal charging that the United States is in violation of its NAFTA obligations. The charge is based on the fact that North Carolina maintains right-to-work laws against collective bargaining, which are in violation of the standards issued by the United Nation's International Labour Organization (ILO).
This seems to be a completely different way of doing business in the United States. It gives the President power to intervene in places where he could not previously and it gives rights to foreign organizations that surely had no rights before.
This case will provide a practicle demonstration of the use of the NAFTA Tribunal as a court with more power on some issues than the Supreme Court itself.
Tags: NAFTA, executive agreements, right to work, North Carolina, Sanchez-Llamas v. Oregon and Bustillo v. Johnson
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