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Contribution to Book
Energy in the USMCA
The Future of Trade (2023)
  • Guillermo Garcia Sanchez, Texas A&M University School of Law
Abstract
The USMCA reflects a disconnect between the actions needed to meet challenges to address the climate crisis and the actions the North American partners prefer to protect their access to energy resources and the distribution of energy in the region. The treaty has carveouts and exceptions that allow each of the three nations to move their individual energy agenda forward, sometimes at the expense of collective goals. As the chapter will explain, the lack of common ground leads to contradictions and a disconnect among the partners’ priorities. The U.S. can point to the USMCA as an example of its effort to achieve clean energy security in the long term by promoting environmental standards and ensuring the flow of energy products. The same treaty, however, can be used by Mexico to argue for policies in favor of developing fossil fuels through state-owned companies that infringe the rights of foreign investors producing renewable energy. The treaty allows both views to coexist. It is left to the dispute resolution bodies in the treaty to work out the inevitable conflicts.
Keywords
  • energy,
  • USMCA,
  • International Trade,
  • North America,
  • International Economic Law,
  • International Environmental law,
  • International investment law
Disciplines
Publication Date
Fall December 5, 2023
Editor
David Gantz and Tony Payan
Publisher
Edward Elgar Publishing
ISBN
9781035315413
Citation Information
Guillermo Garcia Sanchez. "Energy in the USMCA" Cheltenham, UKThe Future of Trade (2023) p. 69 - 95
Available at: http://works.bepress.com/guillermo-garciasanchez/30/