State-to-state Dispute Settlement Under the USMCA: A Missed Opportunity?

Festchrift in Honour of Professor Stephen T. Zamora (Houston: Arte Publico, submitted, 2019, Forthcoming).

Ottawa Faculty of Law Working Paper No. 2019-05

19 Pages Posted: 27 Feb 2019

See all articles by J. Anthony VanDuzer

J. Anthony VanDuzer

University of Ottawa - Common Law Section

Date Written: December 18, 2018

Abstract

The United States-Mexico-Canada Agreement (USMCA) signed on November 30, 2018 will replace the North American Free Trade Agreement (NAFTA) the treaty that has governed continental trade since January 1, 1994. The new agreement contains a few significant alterations to NAFTA provisions but the rules for state-to-state dispute settlement in NAFTA Chapter 20 were brought forward in Chapter 31 of the USMCA largely unchanged. This paper describes the state-to-state dispute settlement system under the USMCA, highlighting both its similarities to and differences from NAFTA Chapter 20, and identifying the persisting problems. The few changes that have been made in the USMCA, if they have any effect at all, seem likely to reduce the utility state-to-state dispute settlement compared to NAFTA Chapter 20, a process that Canada, the United States, and Mexico have already abandoned in practice.

Keywords: United States-Mexico-Canada Agreement, USMCA, North American Free Trade Agreement, NAFTA

Suggested Citation

VanDuzer, J. Anthony, State-to-state Dispute Settlement Under the USMCA: A Missed Opportunity? (December 18, 2018). Festchrift in Honour of Professor Stephen T. Zamora (Houston: Arte Publico, submitted, 2019, Forthcoming).; Ottawa Faculty of Law Working Paper No. 2019-05. Available at SSRN: https://ssrn.com/abstract=3341662

J. Anthony VanDuzer (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Register to save articles to
your library

Register

Paper statistics

Downloads
53
Abstract Views
212
rank
376,502
PlumX Metrics