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Legal Integration of NAFTA Through Supranational Adjudication

The coexistence of a global economic system with a political system based on national sovereignty generates a sort of Bolero1 of steadily rising intellectual and political tension. One important element of that tension concerns the likelihood that growing economic integration leads to the establishment of truly supranational legal institutions, a prospect that delights some and distresses others. At a recent conference,2 I was among the speakers asked to consider the possible development of a legal system embracing all of North America. This essay offers speculation about the way in which the existing institutions of NAFTA might begin to develop into such a supranational system. It ...

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