International Economic Law and Policy Blog (Page 134)

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The Sunset Clause and the Congressional/Executive Balance of Power

Recall that the sunset clause in the new NAFTA says, "each Party shall confirm, in writing, through its head of government, if it wishes to extend the term of this Agreement for another 16-year period." While the written confirmation comes from the "head of government,"

How Exactly Will the New NAFTA's Sunset Clause Work?

The final version of the sunset clause in the new NAFTA (USMCA) reads as follows: Article 34.7: Review and Term Extension 1. This Agreement shall terminate 16 years after the date of its entry into force, unless each Party confirms it wishes to continue this Agreement for a new

Guest Post: RIP NAALC: North American Agreement on Labor Cooperation

This is a guest post from University of Miami law prof Kathleen Claussen: The legal scrub of the labor chapter of the USMCA did not yield many changes since the publication of the draft text two months ago – a few “any”s became “a”s and a few “agree”s

Guest Post: International Commerce and World Wars: Vital Signs of the Current Malaise

This is a guest post by Joao Otavio Benevides Demasi, a Ph.D student at Maastricht University: This brief and incomplete essay is written in the broad intersection of WTO Law, World Diplomacy, Economic Policy, Analysis of the International Relations, Political Sciences, and History of International Economic Relations. For the

The Truce in Buenos Aires: Is This the Beginning of the End or the End of the Beginning of the United States – China Trade Wars?

It might be fair to say that the worst did not happen. This weekend, both leaders of the United States and China agreed to put a “temporary truce” in the ever-escalating bilateral trade conflicts. In a nut shell, the current level (10%) of the U.S. retaliatory tariffs against

Guest Post: Critical analysis of the EU DSU Reform Proposal

This is a guest post by Prakhar Bhardwaj, Senior Research Fellow, Centre for Trade and Investment Law, New Delhi. All views expressed here are personal. The joint communication from the European Union and 11 other nations to be tabled in the General Council meeting scheduled for 12-13 December 2018

Despite Trade Wars, the American Public Largely Supports Free Trade

This is what Scott Lincicome has recently observed in his policy brief (The “Protectionist Moment” That Wasn’t: American Views on Trade and Globalization). It is a mega-survey of five recent surveys (Pew; WSJ/NBC News; Gallup; Monmouth; the Chicago Council) on the American attitude toward foreign trade and

The Progressive Parts of the New NAFTA: Footnotes at War with Obligations

Recall that the original Article 23.9 of the new NAFTA said this: Article 23.9 Sex-Based Discrimination in the Workplace The Parties recognize the goal of eliminating sex-based discrimination in employment and occupation, and support the goal of promoting equality of women in the workplace. Accordingly, each

The Difficult Task of Getting the New NAFTA Through Congress

The new NAFTA -- AKA, the USMCA here in the U.S., but different acronyms in Canada and Mexico -- has now been signed. With apologies to the hard-working negotiators, that was the easy part. Now the Trump administration has to get Congress to sign off. Ambassador Lighthizer sounds confident: “I

Guest Post: What’s our goal for Buenos Aires: Help the US or hurt China?

This is a guest post from law professor David Trubek: With a meeting between Presidents Trump and Xi at the G-20 in Buenos Aires about to occur, many hope for a truce in the trade war and a deal that will benefit both countries. But that will not happen