Things I Noticed in USTR's Updated NAFTA Negotiating Objectives
USTR's updated NAFTA negotiating objectives are here. These are a few new additions that jumped out at me, with some brief comments:
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Government procurement: "Ensure reciprocity in market access opportunities for U.S. goods, services, and suppliers in Canada and Mexico."
I'm not sure reciprocity means what they think it means: https://www.cato.org/blog/use-abuse-reciprocity-trade-policy
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Dispute settlement: "Establish procedures to ensure that panels are composed in a timely manner and with the appropriate expertise."
Some suggestions on panel composition are here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3047876
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Dispute settlement: "Provide mechanisms for ensuring that the Parties retain control of disputes and can address situations when a panel has clearly erred in its assessment of the facts or the obligations that apply."
This one worries me, as it may be part of a push for "softening" dispute settlement.
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General provisions: "Provide a mechanism for ensuring that the Parties assess the benefits of the Agreement on a periodic basis."
As long as there is no automatic sunset, this seems fine.
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Investment: There were reports that the U.S. wants indirect expropriation and minimum standard of treatment out, but I still see something in this area:
"Establish rules that reduce or eliminate barriers to U.S. investment in all sectors in the NAFTA countries, including the following rules: ... Prohibition on expropriation without prompt, adequate and effective compensation, consistent with U.S. legal principles and practice; and A minimum standard of treatment under customary international law, consistent with U.S. legal principles and practice."
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Trade in services: "Retain flexibility for U.S. non-conforming measures, including U.S. non-conforming measures for maritime and long-haul trucking services."
That's a very polite way of saying "more protectionism"!