Regional trade agreement dispute settlement
This page collects information on disputes brought under regional trade agreements (RTAs). It follows up on the chapter on dispute settlement in regional trade agreements for the World Bank-published Trade Agreement Policies for Development: A Handbook (Jean-Pierre Chauffour & Jean-Christophe Maur, eds., World Bank 2011). A downloadable PDF of the chapter is available here.
See also a May 2018 think piece by me on Designing Common but Differentiated Rules for Regional Trade Disputes, done for ICTSD and the RTA Exchange Project on Global Economic Governance.
The pages linked to below list major RTA dispute settlement fora, and known RTA disputes, with links to the panel decisions and information on outcomes when available. The coverage of this section is best for the Western Hemisphere. The coverage of African regional trade courts and disputes is missing and will be upgraded soon: for information on African RTA dispute settlement I recommend James Thuo Gathii's African Regional Trade Agreements as Legal Regimes (Cambridge, 2013).
If you have any corrections or additions, please email me at info (at) porgeslaw.com or send me a comment via the Contact page on this website.
Last edited: 29 April 2019.
16 January 2019: EU requests formal consultations with Ukraine under the EU-Ukraine Association Agreement concerning Ukraine’s failure to eliminate a long-standing ban on exports of unprocessed wood. EU press release; consultation request.
4 January 2019: US requests environment consultations with Peru under Chapter 18 on Environment of Peru-US Trade Promotion Agreement; 9 April 2019, US announces successful resolution of its concerns as result of decree by Peru’s Council of Ministers.
18 December 2018: EU requests formal consultations with Republic of Korea concerning labor commitments of EU-Korea trade agreement. Concerns expressed included respect for ILO principles of freedom of association and right to collective bargaining, and failure to ratify four ILO conventions (two on freedom of association/right to collective bargaining, and two on forced labor). EU press release and consultation request.
23 July 2018: Canada initiates dispute under NAFTA Chapter 20 concerning President Trump’s decision to include imports of Canadian solar panels in the January 2018 US safeguard action on solar panels under Section 201 of the Trade Act of 1974. Global Affairs Canada press release; consultation request.
27 June 2017 release of Panel Report on Guatemala compliance with labor obligations under CAFTA-DR.
NORTH AMERICA (CUSFTA, NAFTA, Canada AIT)
LATIN AMERICA (DR-CAFTA, Peru-US TPA, Mexico-Triángulo del Norte FTA, Andean Community, Mercosur, ALADI Economic Complementation Agreements)
EUROPE/MIDEAST/AFRICA (EU, EU RTAs, EFTA, Israel-US FTA, African Regional Trade Courts)