International Economic Law and Policy Blog

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Trade and Labor

25 posts

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.

Comparing the Forced Labor Provisions in the New U.S. Trade Deals

Continuing my multi-part blog posting series on comparing provisions in the Trump administration trade agreements, let's look now at the provisions that try to induce U.S. trading partners to take action against imports made with forced labor.

Lessons from the First U.S. Win in a Trade and Labor Dispute: The USMCA RRM Atento Decision

For the first time, an arbitral panel has sided with the United States in a trade and labor dispute. On August 21, the United States and Mexico announced the publication of the second panel decision under the USMCA/T-MEC/CUSMA Facility-Specific Rapid Response Labor Mechanism (RRM).

The USMCA Rapid Response Mechanism: What Do Workers Expect?

I want to thank Kathleen Claussen for succinctly summarizing last week’s Second USMCA Rapid Response Labor Panel. Many of us missed the panel discussion while participating in the fantastic ASIL International Economic Law Interest Group Biennial Conference (my kudos to the organizers). Professor Claussen points out the Mexican government’

Second USMCA Rapid Response Labor Panel Hears Arguments in Mexico

On May 15 and 16, the second panel convened under the USMCA/TMEC/CUSMA Facility-Specific Rapid Response Labor Mechanism (RRM) held a hearing in Mexico to review the arguments of Mexico and the United States concerning worker rights at Atento Servicios, S.A. de C.V. (MEX-USA-2024-31A-01). This panel proceeding

Whither the Worker-Centered Trade Policy?

The Biden administration changed U.S. trade policy significantly when it adopted a “worker-centered” trade policy that justified entering into “frameworks” and not trade agreements. That policy didn’t win many accolades from the trade crowd. Many critics felt that it forewent critical opportunities by refusing to discuss market access

Situating Labor in a Trade Agreement: Questions from the First RRM Panel

This is the second of two posts that take a look at the submissions and recount some of what was said at the hearing in the first USMCA Rapid Response Labor Mechanism (RRM) dispute between the United States and Mexico. If you’re new to the discussion, check out the

Let Them Eat Cake? Reflections on the Labor Provisions in the New India-EFTA Agreement

I’ve never understood the expression: they want to have their cake and eat it too. Who on this planet wants to hold onto a piece of cake and not eat it?!? I was at a birthday party this weekend, and my 5-year-old asked me to hold his plate of

First Rapid Response Labor Panel Begins Work under USMCA

Many readers will know that the United States called for the very first panel under the USMCA Rapid Response Labor Mechanism (RRM) at the end of August. One month in, the panel has been busy. This post briefly summarizes the panel’s work so far and makes a few preliminary

The U.S. “Worker-Centered Trade Policy” is helping some workers in Mexico but not in America

This Labor Day post seeks to shed light on the Biden administration’s “worker-centered” trade policy. It argues that the United States-Mexico-Canada trade agreement (USMCA) misses a critical opportunity to strengthen workers’ rights in America. The agreement’s provisions exclude protections for the most vulnerable workers in U.S. trade