International Economic Law and Policy Blog (Page 106)

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USMCA Implementing Legislation Provisions on the Sunset Clause

This is from the relevant section of the USMCA implementing legislation submitted to the House on Friday: Subtitle B—Joint Reviews Regarding Extension of USMCA SEC. 611. PARTICIPATION IN JOINT REVIEWS WITH CANADA AND MEXICO REGARDING EXTENSION OF THE TERM OF THE USMCA AND OTHER ACTION REGARDING THE USMCA. (a)

Unilateral Enforcement in the US-China "Phase One" Trade Agreement

This is from USTR's fact sheet on the U.S. - China "phase one" trade agreement announced on Friday: Dispute Resolution: The Dispute Resolution chapter sets forth an arrangement to ensure the effective implementation of the agreement and to allow the parties to resolve disputes in a

Congressional / Executive Power over Trade and the USMCA Sunset Clause

This is from Jennifer Hillman: Before it is too late, Congress should insist on including a number of items in the implementing legislation or on essential changes to the May 30, 2019, draft Statement of Administrative Action (SAA). Indeed, U.S. Trade Representative Robert Lighthizer’s transmittal letter for the

Guest Post on the Appellate Body

This is a guest post from law professor Wolfgang Weiss The Appellate Body is dead - long live the WTO! What will happen with the enforcement of WTO law after the Appellate Body's ability to work has ceased - hopefully not permanently -? The end of the Appellate Body's

The Labor Rights Rationale to Approve the USMCA

The Labor Rights Rationale to Approve the USMCA Steve Charnovitz 13 December 2019 Three days ago, the US, Mexico, and Canada completed talks to update the renegotiation of the North American Free Trade Agreement (NAFTA) that had begun in 2017 and had been touted as having succeeded in 2018. During

Is the European Union Outsourcing Public International Law to Save the WTO Dispute Settlement System?

Upon the Appellate Body having being paralyzed, the European Commission has promptly moved to secure its trade interests by arming itself with the retaliatory power, also creating the position of “Chief Trade Enforcement Officer.” The Commission’s proposal is reminiscent of Nicolas Lamp’s earlier post on the threat of

A First Look at the New Labor Provisions in the USMCA Protocol of Amendment

Fourteen months ago, I described on this blog a bit about the labor provisions in the pre-scrubbed USMCA language. With yesterday’s Protocol of Amendment, we have a lot more text to discuss – including changes that make one wonder whether the old reference to the “May 10[, 2007]” bipartisan

The NAFTA/USMCA Panel Blocking Issue Looks Like It Has Been Fixed (Probably)

Here is the relevant text of the Protocol of Amendment to the USMCA (released earlier today) related to panel rosters and composition: C. In Article 31.8 (Roster and Qualifications of Panelists), replace the text of paragraph 1 with the following text: “1. The Parties shall establish, by the date

The Missed Opportunity to Save WTO Dispute Settlement

The Attack on the Appellate Body - Events of 10 December 2019 Steve Charnovitz Today, the Standing Appellate Body was felled by the attack of the Trump Administration. By making appellate adjudications impossible, the Trump Administration is now empowered to strategically appeal any WTO panel decision against the US knowing that

Guest Post: Transfer of the International Investment Bank from Moscow to Budapest: A Trojan Horse in the Making

This is a guest post from professors Marcin Menkes and Jerzy Menkes: On February 5, 2019, Hungary agreed to the transfer of the International Investment Bank’s seat from Moscow to Budapest. An international financial institution, which despite Russia’s major stake has already been exempted from EU sanctions, enters