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USMCA Dispute Settlement

32 posts

The Fifth USMCA Panel

Yesterday, there was a notice posted here about panel composition in the Mexico - GE Corn (USMCA) case, with the following panelists having been appointed: * Christian Häberli, Chair of the panel * Hugo Perezcano Díaz, panelist * Jean E. Kalicki, panelist Kalicki is American and Perezcano Díaz is Mexican, so even though

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

USTR Goes Old School in USMCA Complaint on Mexican GE Corn Ban

Back in the 1990s, an important area of the trade policy debate was about how WTO rules might interfere with domestic environmental, food safety, and other public policy measures. There were cases such as Shrimp/Turtle, with a number of countries challenging a U.S. environmental measure; and EC -

Another Canada - Dairy TRQs Panel

When I say "another" in the title, I mean that in two senses: a second USMCA Canada - Dairy TRQs panel brought by the U.S.; and another one to complement the one recently brought by New Zealand under the CPTPP. The U.S. first written submission in

USMCA Panel Report Circulated in Auto ROO Dispute

The panel report in the USMCA Chapter 31 auto rules of origin dispute was circulated today (our WorldTradeLaw.net Chapter 31 panel reports page is here). Based on a quick skim, the panel's findings seemed reasonable to me, but I may come back to this after having looked

Non-Violation Arguments in the USMCA Auto Rules of Origin Dispute

In the ongoing USMCA dispute on United States - Automotive Rules of Origin (USA-MEX-CDA-2022-31-01), in addition to their arguments that the U.S. unilateral interpretation of the USMCA Rules of Origin provisions for passenger vehicles and light trucks violates USMCA rules, Mexico and Canada have made a non-violation nullification or

Compliance with USMCA Chapter 31 Panel Rulings

Recently, as I heard the U.S. express concerns that Canada has not complied with last December's USMCA Dairy TRQs panel ruling, I wondered how compliance proceedings worked under USMCA Chapter 31. The relevant provision states: Article 31.19: Non-Implementation – Suspension of Benefits 1. If the disputing Parties

USMCA Panel Composition in Autos ROO Dispute Announced

A third USMCA Chapter 31 state-state dispute is underway, with the panel having been composed in the Autos Rules of Origin dispute on March 22. There are five panelists on this one (which differs from the three panelists on the previous two cases): * Mr. Elbio Rosselli – Chairperson; * Ms. Kathleen Claussen

What Was the Purpose and Intent of the USMCA?

This is from the first USMCA Chapter 31 panel report, on Canada -Dairy TRQs, circulated today: c) Purpose and Intent of the Treaty As the Preamble to the Treaty explains, the Parties resolved to promote trade between the signatory states by creating “freer, fairer markets,” and “incentivizing the production and