NAFTA: The Effect of the Motor Carrier Provisions on the Future of the Agreement

The motor carrier provisions of the North American Free Trade Agreement (NAFTA) provide for gradual implementation that will eventually allow Mexican trucks unfettered access to the U.S. highways. The first phase of the motor carrier provisions were scheduled to go into effect on December 18, 1995. The unilateral delay of the provisions by the Clinton administration has resulted in controversy both in the United States and Mexico. Although the motor carrier provisions are just a small part of NAFTA, they have the ability to undermine the entire Agreement. This Note will examine the advantages and disadvantages of implementing the NAFTA motor carrier provisions. Domestic and international implications of a United States decision to suspend the motor carrier provisions will be assessed as well as shortcomings of the negotiation process that may have prevented this controversy