A estratégia de Trump para o investimento estrangeiro: do NAFTA ao USMCA

• Autor(a) principal: Amorim, Lucas Silva
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/123456789/22367
• topic: Regulação do investimento estrangeiro; Acordos internacionais de investimento; Estados Unidos; NAFTA; USMCA; Foreign investment regulation; International investment agreements; United States; Regulación de inversiones extranjeras; Acuerdos internacionales de inversión; TLCAN; T-MEC; CNPQ::CIENCIAS HUMANAS::CIENCIA POLITICA

Donald Trump fulfilled a campaign promise by opening the North American Free Trade Agreement (NAFTA) to renegotiation. Although the country is the largest exporter of capital in the world, the level of protection offered to investors has been reduced in the new agreement called the USMCA (United States-Mexico-Canada Agreement). This contradicts the United States' record of defending an agenda of investment protection and liberalization. The objective of this thesis will be to trace the negotiation process and the strategic logic behind this change of position conducted by the new administration. The case study will be carried out by means of a bibliographic and documentary review that will allow mapping both the previous historical path and the most recent negotiation process. The working hypothesis is that the renegotiation has as objective to reverse the alleged redirection of jobs of which the president, curiously agreeing with sectors of the American left, accuses NAFTA. Through a very sophisticated adjustment to the wording of chapter 14 of the USMCA, the United States seeks to restrict the application of investment clauses to sectors that for reasons intrinsic to their economic nature could not return to operate from the United States, such as the petrochemical, utilities and infrastructure sectors. On the other hand, some adjustments seek to respond to criticisms that have been made to the investment treaty regime, in general, and to NAFTA itself, in particular, since the 1990s. These reforms seek to reinforce the State's right to regulate for the benefit of its population and prevent it from being held responsible for mere breaches of profit expectations in investor-State dispute settlement (ISDS) procedures. Despite accusations of having put several economic sectors at risk with no prospect of benefits for the country, it was possible to identify a clear strategic orientation in the process of negotiating the investment chapter of the new agreement.