[20200103]IF11399_在USMCA中执行国际贸易义务：国家-国家争端解决机制.pdf

https:/crsreports.congress.gov January 3, 2020Enforcing International Trade Obligations in USMCA: The State-State Dispute Settlement MechanismEnforcement of many obligations in the proposed United States-Mexico-Canada Agreement (USMCA), which would replace the existing North American Free Trade Agreement (NAFTA) if ratified, is covered by the dispute settlement mechanism in USMCAs Chapter 31. This mechanism would permit any of the three Parties who intend to join the Agreement (i.e., the United States, Mexico, and Canada) to bring a claim against another Party that is allegedly violating its USMCA obligations. Chapter 31, which draws substantially on NAFTAs Chapter 20 mechanism, applies to a majority of the Parties USMCA obligations, but there are exceptions. For instance, article 32.12 exempts certain investment decisions reviewed under the Investment Canada Act from Chapter 31. Additionally, USMCA includes more complex enforcement provisions for some of its chapters, including the Environment and Labor Chapters. This InFocus provides an overview of USMCAs Chapter 31 process. Bases for Invoking Chapter 31 Article 31.2 lists instances when a Party may use the Chapter 31 dispute se