…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…
…countries, there is one standout development in the USMCA for Canada: its non-participation in the investor-State dispute settlement mechanism (“ISDS”). To be clear, Chapter 14 of the USMCA continues to…
…investment chapter of the US-Mexico-Canada Agreement (USMCA). DNA testing to ascertain the progeny of that chapter is ongoing, as discussed below. NAFTA’s investment chapter was born following an intensive negotiating…
On July 1, 2020, the United States – Mexico – Canada Agreement (USMCA) will enter into force. Although the media widely refers to the treaty by its American name, USMCA,…
…practitioners. Meanwhile, “NAFTA 2.0,” the U.S.-Mexico-Canada Trade Agreement (USMCA), continued toward ratification and entry into force. As reported in our 2018 year in review post, this is a significant regional…
