[20200130]IF11418_USMCA：对专家组组成条款和专家组阻止问题的法律解释.pdf

https:/crsreports.congress.gov January 30, 2020USMCA: A Legal Interpretation of the Panel-Formation Provisions and the Question of Panel BlockingCongress has shown an interest in the effectiveness of the dispute settlement mechanism in the United States-Mexico-Canada Agreement (USMCA), which will replace the North American Free Trade Agreement (NAFTA). Some Members have questioned its effectiveness, and, as part of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA), Congress has identified effective dispute settlement as a negotiating objective that the U.S. Trade Representative must pursue when negotiating trade agreements. This In Focus examines one aspect of the State-State dispute settlement mechanism in USMCA Chapter 31: the ability of a USMCA Party to prevent the formation of a panel during dispute settlement proceedings, often termed panel blocking. NAFTA Dispute Settlement NAFTA Chapter 20, which deals with institutional arrangements and dispute settlement procedures, created a dispute settlement mechanism through which a NAFTA Party may bring a claim against another NAFTA Party for allegedly breaching its treaty obligations. Panels may hear