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HOUSE OF REPRESENTATIVES |
H.R. NO. |
153 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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URGING THE UNITED STATES CONGRESS TO REFRAIN FROM ENTERING INTO THE FREE TRADE AREA OF THE AMERICAS AND URGING THE UNITED STATES TRADE REPRESENTATIVE TO CONDUCT INTERNATIONAL TRADE NEGOTIATIONS IN A MANNER THAT WILL PRESERVE THE STATES' RESPONSIBILITY TO DEVELOP THEIR OWN REGULATORY STRUCTURES, AVOID LITIGATION IN WORLD COURTS, AND ENHANCE DISCLOSURE AND DISCUSSION WITH THE PUBLIC AND CONSULTATION WITH THE STATES.
WHEREAS, although the United States Constitution places the regulation of trade with foreign countries within the prerogative of the federal government, the primary responsibility for protecting public health, welfare, and safety is left to the states; and
WHEREAS, statutes and regulations validly adopted by the states that reflect locally appropriate responses to the needs of their citizens, including existing regulatory, tax, and subsidy policies, should not be overridden by federal decisions in the interests of promoting increased international trade; and
WHEREAS, the 1993 North American Free Trade Agreement contains policies to which every signatory country, including the United States, is required to conform its domestic laws, even if Congress or the state legislatures oppose the very policies that the Agreement's terms require; and
WHEREAS, the United States is a signatory to the World Trade Organization's General Agreement on Trade and Services, and both the World Trade Organization and the North American Free Trade Agreement, through the use of trade tribunals, now claim the sovereign authority to overrule decisions of American courts and make awards to foreign businesses for violations of trade agreements; and
WHEREAS, the North American Free Trade Agreement, for example, sets limits on the safety and inspection of domestic meats and other food, environmental protection, service oriented sector regulation, investment and development policy, and procurement policy, including banning and limiting preferences for products that are locally grown or made in the United States; and
WHEREAS, the United States is currently considering the development of the Free Trade Area of the Americas which would expand the North American Free Trade Agreement to lock in thirty-one more countries in Latin America; and
WHEREAS, in addition, the United States is considering proposals to apply trade rules under the General Agreement on Trade and Services to the regulation of electricity by state and local governments, which trade rules may conflict with state energy policy and regulation and alter the balance of domestic authority between states and the Federal Energy Regulatory Commission; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that this body respectfully urges all members of the United States Congress to:
(1) Vote "no" on any agreement that involves the United States entering into a Free Trade Area of the Americas; and
(2) Refrain from entering into the Free Trade Area of the Americas until the United States has had more experience with and a greater understanding of the impacts of the North American Free Trade Agreement and the World Trade Organization; and
BE IT FURTHER RESOLVED that this body urges the United States Trade Representative to:
(1) Conduct trade negotiations in a manner that will preserve the responsibility of states to develop their own regulatory structures and that will avoid litigation in world courts;
(2) Enhance the level of consultation with working groups from the states before negotiations commence on any trade commitments under the General Agreement on Trade in Services;
(3) Disclose to the public the United States' requests for commitments from other nations under the General Agreement on Trade in Services; and
(4) Engage in public discussions on trade policy and energy; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of Hawaii's congressional delegation, the World Trade Organization, and the United State Trade Representative.
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OFFERED BY: |
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Report Title:
Free Trade Area;