Is There a Constitutional Issue in the USMCA?

Some argue that the United States Mexico Canada Agreement (USMCA) presents interesting questions about how to resolve trade and investment disputes.  The USMCA, which is the new incarnation of the North American Free Trade Agreement (NAFTA), presents crucial constitutional issues concerning the Appointments Clause, the jurisdiction of the federal courts, due process and jury trial rights.  For example, do the USMCA’s binational dispute settlement panels bind the United States as a matter of domestic law?  Is it permissible that the administrative agency-type panels’ decisions are generally not reviewable by an Article III court?  As important as the USMCA might be for trade and investment flow, few are arguing that the interests of American sovereignty be sacrificed.  Our speakers will address these issues.


Prof. John S. Baker, Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University

Dr. R. Sohan Dasgupta, University of California, Berkeley


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