Does USMCA Article 31.8 Fix the Roster Problem?

As we all know, many years ago there was a problem with the U.S. blocking the appointment of a panel under NAFTA Chapter 20 (one key issue in this regard was the establishment of a roster; full details here). When I looked at Chapter 31 of the USMCA, my sense was that the problem was not fixed. But in this Inside US Trade article, I see that a Canadian government official is arguing that it was: The negotiators also addressed dispute settlement provisions in the deal, with [Colin] Bird touting fundamental improvements to address the state-to-state “roster problem.” Under NAFTA, all three countries must agree on a list of potential panelists from which to choose in dispute settlement cases. But due to a provision that allowed the roster of panelists to expire every three years, it would often remain empty or incomplete, Bird explained. The roster issue, under Chapter 20 of NAFTA, has been a significant concern for Lighthizer, according to lawmakers who have met with…

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