…signatory, including – at least – thirty-six bilateral investment treaties (BITs), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and the United States-Mexico-Canada Agreement (USMCA). Ecuador: New Government…
…legitimate exercise of this power and violation of the rights of investors. Gaela Gehring Flores, of Arnold & Porter, provided a complete overview of the United States–Mexico–Canada Agreement (USMCA) and…
…as “USMCA”) signed by the US, Mexico and Canada – in force as of 1 July 2020 – expressly includes “mortgages” as a covered investment under Article 14.1(h). The Parties’…
…arising out of Mexico-U.S. investments under the new USMCA; the termination, in view of their ISDS clauses, of intra-E.U. bilateral investment treaties; and the proposal championed by the E.U. to…
…Trade Area (“AANZFTA”) and the United States-Mexico-Canada Agreement (“USMCA”)), the extensiveness of its use is noteworthy: New Zealand (25); Canada (40); Australia (21); and Vietnam (35). Administratively, Chapter 27 provides…
…such enterprise (Art. 14.14(2), USMCA). This category largely overlaps with the criterion of “normal economic relations”, as it relates to unilateral countermeasures and collective sanctions. It seems even broader as…
…Progressive Agreement for Trans-Pacific Partnership (“CPTPP,” which entered into force for most of its parties on December 30, 2018), Canada-U.S.-Mexico Agreement (“CUSMA,” also known as USMCA or T-MEC, which entered…
…under USMCA for at least two reasons. On the one hand, the Amparos were based on breach of Mexico’s constitution, not the USMCA. On the other, the fork-in-the-road clause does…
…Maori people when negotiating trade and investment agreements. The United States, Canada, and Mexico Agreement (USMCA, the new NAFTA) also includes similar provisions such as the General Exception for Indigenous…
…e.g., NAFTA, USMCA, ECT, CAFCA, and bilateral investment treaties. Comparative law brings clearly the need to understand that at all levels of legal direction, there are different national ways of…
…Canada and the EU (CETA), the EU-Singapore FTA, the United States-Mexico-Canada Agreement (USMCA). The debate on specific representation and its scope, nuance, and degree is important. A specific representation can…
…international arena, concluding treaties with a direct impact on international disputes (USMCA, ICSID, EU-Mexico FTA). How do you think these measures will change the arbitration landscape in Mexico and what…
…and through their manifestation at the regional and bilateral level, as was evident from our coverage of the new dispute settlement paradigms established by the USMCA and ECT modernization process….
…request from Belgium to CJEU for an opinion on the interaction between EU law and the future modernised ECT; the entry into force of the USMCA; ISDS and its reform,…
…USMCA succeeds the North American Free Trade Agreement (NAFTA) and covers a range of trade-related issues, and investment protection. As reported by Kiran Gore and Esmé Shirlow, the USMCA provides…
…USMCA,8)Tyler Pager, Biden Says He Supports USMCA, Citing Provisions for Labor, Bloomberg, Dec. 20, 2019; Joshua Green, Biden’s NAFTA Vote Is a Liability in the Rust Belt, Bloomberg, May 14,…
…from investment treaty-making confirm this, including the USMCA, CPTPP, the EU’s investment agreements with Canada, Singapore and Viet Nam, ACIA, and the China-Hong Kong CEPA (which altogether eschews investor-state arbitration…
…of Central America-Korea FTA (2018), Article 9.18 of CPTPP, Article 3.4 of EU-Singapore IPA (2018), Article 10 of Kazakhstan-UAE BIT (2018), Article 14.D.2 of USMCA (2018). While the use of…
…investors under international investment agreements. For example, the United States Mexico Canada Agreement (the “USMCA”), which replaced the North American Free Trade Agreement (“NAFTA”) on July 1, 2020, removed investor-State…
…advisory depending on the specific treaty. For example, the new United States-Mexico-Canada Agreement (“USMCA”), the Free Trade Commission could submit its interpretation on the treaty provision, which will be binding…
…global developments. Many of them noted the link between USMCA and NAFTA, between USMCA and regional politics, and between USMCA and broader global trends related to investment treaty reform. Consistently,…
…USMCA. Conclusions – USMCA, Australia and the Global Trend Away from ISDS The ISDS provisions of USMCA are a major departure from NAFTA, and represent part of a wider…
As North America embarks into a post-NAFTA era with the USMCA, it is crucial to analyze the new agreement’s disciplines. The USMCA Investment Chapter, for instance, has been the subject…
The Investment Chapter of the United States-Mexico-Canada Agreement “USMCA,” Chapter 14 has had a controversial trajectory. Chapter 14 reflects a remarkable evolution in United States (“U.S.”) policy on the protection…
