March 15, 2006

One land mass, one language, one pile of garbage

Wayne State University law professor Julia Ya Qin commented about a recently signed bill by the Michigan legislature that prohibits the importing of garbage from Canada into Michigan. The law, however, cannot go into effect unless the federal government gives the states the power to stop the flow of trash from Canada. Qin thinks the bill will run afoul of NAFTA because the treaty requires that governments have a good reason to discriminate against a foreign item of trade. The United States, Qin said, would have to prove that "Canadian trash is more harmful to human health than domestically generated trash" to get around the treaty's non-discrimination provisions. "This is a very high hurdle," Qin said.

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