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-
- PART ONE
- GENERAL PART
-
- Chapter One
-
- Objectives
-
-
-
- Article 101: Establishment of the Free Trade Area
-
- The Parties to this Agreement, consistent with Article XXIV
- of the General Agreement on Tariffs and Trade, hereby establish a
- free trade area.
-
-
- Article 102: Objectives
-
- 1. The objectives of this Agreement, as elaborated more
- specifically through its principles and rules, including national
- treatment, most-favored-nation treatment and transparency are to:
-
- (a) eliminate barriers to trade in, and facilitate the
- cross border movement of, goods and services between
- the territories of the Parties;
-
- (b) promote conditions of fair competition in the free
- trade area;
-
- (c) increase substantially investment opportunities in
- their territories;
-
- (d) provide adequate and effective protection and
- enforcement of intellectual property rights in each
- Party's territory;
-
- (e) create effective procedures for the implementation and
- application of this Agreement, and for its joint
- administration and the resolution of disputes; and
-
- (f) establish a framework for further trilateral, regional
- and multilateral cooperation to expand and enhance the
- benefits of this Agreement.
-
- 2. The Parties shall interpret and apply the provisions of this
- Agreement in the light of its objectives set out in paragraph 1
- and in accordance with applicable rules of international law.
-
-
- Article 103: Relation to Other Agreements
-
- 1. The Parties affirm their existing rights and obligations
- with respect to each other under the General Agreement on Tariffs
- and Trade and other agreements to which such Parties are party.
-
- 2. In the event of any inconsistency between the provisions of
- this Agreement and such other agreements, the provisions of this
- Agreement shall prevail to the extent of the inconsistency,
- except as otherwise provided in this Agreement.
-
-
- Article 104: Relation to Environmental and Conservation
- Agreements
-
- 1. In the event of any inconsistency between this Agreement and
- the specific trade obligations set out in:
-
- (a) Convention on the International Trade in Endangered
- Species of Wild Fauna and Flora, done at Washington,
- March 3, 1973;
-
- (b) the Montreal Protocol on Substances that Deplete the
- Ozone Layer, done at Montreal, September 16, 1987, as
- amended June 29, 1990;
-
- (c) Basel Convention on the Control of Transboundary
- Movements of Hazardous Wastes and Their Disposal, done
- at Basel, March 22, 1989, upon its entry into force for
- Canada, Mexico and the United States; or
-
- (d) the agreements set out in Annex 104.1,
-
- such obligations shall prevail to the extent of the
- inconsistency, provided that where a Party has a choice among
- equally effective and reasonably available means of complying
- with such obligations, the Party chooses the alternative that is
- the least inconsistent with the other provisions of this
- Agreement.
-
- 2. The Parties may agree in writing to modify Annex 104.1 to
- include any amendment to the agreements listed in paragraph 1,
- and any other environmental or conservation agreement.
-
-
- Article 105: Extent of Obligations
-
- The Parties shall ensure that all necessary measures are
- taken in order to give effect to the provisions of this
- Agreement, including their observance, except as otherwise
- provided in this Agreement, by state and provincial governments.
-
- =============================================================================
-
- ANNEX 104
-
- Bilateral and Other Environmental and Conservation Agreements
-
-
- 1. The Agreement Between the Government of Canada and the
- Government of the United States of America Concerning the
- Transboundary Movement of Hazardous Waste, signed at Ottawa,
- October 28, 1986.
-
- 2. The Agreement between the United States of America and the
- United Mexican States on Cooperation for the Protection and
- Improvement of the Environment in the Border Area, signed at
- La Paz, Baja California Sur, August 14, 1983.
-