t this 1993 Statement is no more than an unsigned document, on blank paper, released as an attachment to a press statement issued by the government of Canada on December 2, 1993. There is no indication that either government offered formal support for it. Yet approval by the US Senate is required under the US Constitution with respect to all international treaties.Rather, evidence of US support for the 1993 Statement also comes in a press statement dated December 2, 1993 and issued by the Office of the United States Trade Representative. It is not signed, nor is there any other indication of its authenticity. This press release in part reads as follows: Along with Prime Minister Chretien’s announcement of his intention to proclaim the NAFTA, the Governments of the United States, Canada, and Mexico are today releasing a joint statement of future work on dumping and antidumping duties and subsidies and countervailing duties, and a joint statement on natural water resources and the NAFTA. Canada has also released a separate statement on energy which underscores the Canadian Government’s commitment to energy security for Canadians. None of these statements change the NAFTA in any way. [emphasis added]While the USTR press release does refer to the "joint statement" it also appears to qualify its effect in terms quite different than those found in the 1993 Statement itself. On these facts then, the 1993 Statement would not likely satisfy the requirements of the Vienna Convention even with respect to interpretative notes. However, even if we are wrong on this point, under the provisions of the Vienna Convention the 1993 Statement might play a role if provisions of NAFTA were deemed by a trade panel or tribunal to be unclear or ambiguous. However, even in this case, it could not operate to displace the clear meaning NAFTA requirements. Indeed this is very point the USTR pointedly made. 3. Is the proposed Canada-wide Accord for Proh...
