The Chile–Canada Free Trade
This chapter describes how the Chile–Canada Free Trade Agreement (CCFTA) deals with what are potentially regulatory barriers to trade in three main policy areas, namely trade in services, investment and the environment. The last area is covered by the Chile–Canada Agreement on Environmental Cooperation (CCAEC). The chapter assesses the degree to which the Chilean general regulatory regime in these three areas is affected by its commitments in the CCFTA and CCAEC. The provisions of both agreements are also compared with the relevant multilateral agreements of the World Trade Organization (WTO), where applicable, as well as with the North American Free Trade Agreement (NAFTA) and its “side agreement” on environmental cooperation, in terms of scope and disciplines. The purpose of this comparative exercise is three-fold: first, to determine whether the CCFTA and CCAEC go beyond or fall short of the provisions of the World Trade Organization (are “WTO-plus” or “WTO-minus”) in the areas under examination, and if so in which aspects; second, to detect and try to explain any deviations in the CCFTA and/or CCAEC from the NAFTA model on which both agreements are largely based; third, to examine whether the CCFTA and/or CCAEC might contain elements of “regulatory regionalism”.
In order to address these questions, the CCFTA and CCAEC will be