USMCA: definitive version of the United States–Mexico–Canada Free Trade Agreement implements a new resolution mechanism for trade union freedom disputes

Following weeks of bitter negotiations between Mexico and the United States, negotiators have finally succeeded in releasing the paralysis surrounding ratification of the future USMCA free trade agreement (c.f. article No. 11009). The US democrats, who are tightly linked to the powerful US trade union confederations had in fact been extremely skeptical about Mexico’s progress towards freedom of association and labor market democratization. On 10 December the three North American nations signed an addendum to the NAFTA agreement replacement that proposes recourse to an expert panel for litigation resolution.

Through . Published on 12 December 2019 à 14h12 - Update on 12 December 2019 à 13h59

US negotiators had suggested the possibility of sending US Federal inspectors to Mexico in order to check that the Federal Labor Code was being correctly implemented within companies located across the US border. In the face of Mexico’s categorical refusal, the negotiators eventually agreed on a dispute resolution system that relies on recourse to an expert dispute resolution panel.

Expert panel for resolving disputes arising from labor reforms. The possibility of turning to an expert panel had previously featured in the NAFTA texts,…

Need more info ?

Contact

mind's on-demand study service

  • This field is for validation purposes and should be left unchanged.