Toward A North American Legal System

The adoption of the North American Free Trade Agreement [NAFTA] advanced the cause of greater continental cooperation in trade and commerce. It also raised the possibility of even greater cooperation among the three principal countries of this continent. Indeed, since the adoption of NAFTA, in 1994, indications of greater convergence among the people of these three countries have grown, including in terms of values, goals, and expectations.

This process is not heading in the same direction as the European Union nor should its institutions seek to emulate that grand and decades-long supranational development. However, the deepening of North American cooperation does offer the prospect of institutional features that would facilitate this evolving relationship and converging identity and advance its economic goals of increasing prosperity, security, and happiness for all of the people of this continent and its countries.

The relationship between law and policy is, therefore, unavoidable.