ABSTRACT
It has been argued in this chapter that one of the key constructs that informs and animates NAFTA is the notion of mercantilism, that is, the policy of preferring commercial interests to other interests. This is reflected in the principles of trade liberalisation, enhanced market access, freedom of movement, freedom of establishment, freedom of participation, security of investment and the protection of property (particularly intellectual property) that are embedded in specific provisions of NAFTA. Alongside these trade related freedoms and principles are some principles that are generic to many international commercial treaties such as equality of national treatment, most-favoured-nation status (MFN) and transparency. In combination, these principles shore up the policy of enhanced market access via uniform, borderless markets.
