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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.

Citation status

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