Legal Review on Dispute Settlement Mechanism under the USMCA (USMCA 분쟁해결제도에 관한 연구)

JunHa Kang (강준하)

doi:10.31839/ibt.2020.07.30.105

Legal Review on Dispute Settlement Mechanism under the USMCA

Journal of International Business Transactions Law
Abbr : IBT
2020, (30), pp.105-129
DOI : 10.31839/ibt.2020.07.30.105
Publisher : The Institute for Legal Studies Dong-A University
Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
Received : June 30, 2020
Accepted : July 27, 2020
Published : July 31, 2020

JunHa Kang ¹

¹홍익대학교

Accredited

ABSTRACT

This study aims at analyzing the key features of USMCA Dispute Settlement Procedures. Based upon the merits of USMCA Dispute Settlement Procedures, this study expects more number of cases will be heard by USMCA arbitral panel. The reasons are as follows: First, USMCA streamlines the overall dispute procedures by removing the Free Trade Commission consultation process before panel procedures. Second, USMCA expands its jurisdiction over new issues including digital trade, state enterprises, and macroeconomic policy and exchange rate matters which are not subject to WTO DSU. Third, a number of cases may arise from the most complicated and stringent Rules of Origin of the USMCA. Finally, the complaining party is not likely to recourse to the WTO dispute settlement system which is now virtually paralyzed.

KEYWORDS

USMCA, NAFTA, WTO, Dispute Settlement Procedures, Free Trade Commission

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* References for papers published after 2023 are currently being built.

[other] / NAFTA 협정문

[other] / USMCA 협정문

[other] / 한국-미국 FTA 협정문

[other] / 한국-캐나다 FTA 협정문

[other] / WTO 협정문

[journal] 강준하 / 2009 / KORUS FTA Dispute Settlement Mechanism / 통상법률 / 법무부 (89) : 13~45

[journal] 강준하 / 2020 / USMCA and the Environment / 국제경제법연구 / (사)한국국제경제법학회 18(1) : 37~60

[book] 김민정 / 2018 / (新) 국제경제법 / 박영사

[other] 고용노동부 / 2019 / 한-유럽연합 자유무역협정 제13장 상분쟁해결절차에 따른 정부간 협의 개최 / 보도자료

[other] 고용노동부 / 2019 / 유럽연합, 우리 정부에 전문가 패널소집 공식 요청 / 보도자료

[other] CRS / 2020 / Enforcing International Trade Obligations in USMCA: The State-State Dispute Settlement Mechanism

[other] CRS / 2020 / USMCA: Legal Interpretation of the Panel-Formation Provisions and the Question of Panel Blocking

[other] CRS / 2020 / USMCA: Amendment and Key Changes

[other] CRS / 2020 / NAFTA and the United States-Mexico-Canada Agreement (USMCA)

[other] USTR / 2020 / Report on the Appellate Body of the World Trade Organization

[book] David A. Gantz / 201 / Addressing Dispute Resolution Institutions in a NAFTA Renegotiation / Rice University

[report] David A. Gantz / 2019 / The United States-Mexico-Canada Agreement:Settlement of Disputes / Rice University

[journal] John S. Baker / 2019 / NAFTA/USMCA Dispute Settlement Mechanisms and the Constitution / University of Miami Inter-American Law Review 50(1)

[book] Mary E Burfisher / 2019 / Frederic Lambert and Troy Matheson, NAFTA to USMCA:What is Gained / IMF

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Journal of International Business Transactions Law 2023 KCI Impact Factor : 0.31

Legal Review on Dispute Settlement Mechanism under the USMCA

ABSTRACT

KEYWORDS

Citation status

* References for papers published after 2023 are currently being built.

Journal of International Business Transactions Law 2023 KCI Impact Factor : 0.31

Legal Review on Dispute Settlement Mechanism under the USMCA

ABSTRACT

KEYWORDS

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* References for papers published after 2023 are currently being built.