international treaty
What would be involved in breaking or renegotiating NAFTA?
<p>A couple weeks ago, a Republican candidate for president suggested that if elected, he'd <a href="http://bigstory.ap.org/article/982f8146e10942b2b7f6a07e2077576d/trump-nafta-trade-deal-disaster-says-hed-break-it" rel="nofollow">renegotiate NAFTA or break it</a>. What would be involved in either of those processes? Or specifically:</p>

<h2>Repeal/Withdrawal</h2>

<p>Would simply floating a "repeal NAFTA" bill through the legislature and getting it signed by the President be sufficient to withdraw from NAFTA? (Can't imagine otherwise, national sovereignty and all that.)</p>

<h2>Violation</h2>

<p>What are the penalties for members to the treaty if they violate its provisions?</p>

<h2>Renegotiation</h2>

<p>Are there any provisions in the treaty for amendments, or would "renegotiation" basically be like passing another treaty?</p>

<p>Focusing on the legal question rather than the political.</p>

<p>Sovereign power does not mean unfettered power; just ask King John or King George III. The government of the United States exists under the law of the United States. The law of the United States has recognised that the <a href="https://en.wikipedia.org/wiki/Vienna_Convention_on_the_Law_of_Treaties" rel="nofollow">Vienna Convention on the Law of Treaties</a> is part of US customary law.</p>

<p>Basically, that means that a treaty that the US has ratified is binding on the US and US courts will generally support this. From the article you cite, the treaty could be ended in accordance with its terms: the NAFTA can be ended with 6 months notice &ndash; this is not breaking the treaty, it is complying with it. Note, however, that some doubt exists about who has the power to do so.  If the treaty has not been properly terminated then it hasn't been terminated at all.</p>

<p>If the US were to breach the terms of the treaty then an aggrieved party with standing (which may include foreign governments or companies) could sue the US either in their local courts or US courts. They would probably succeed.</p>

<p>As for renegotiation, if all the parties are willing anything can be renegotiated.</p>
