Professor Kathleen Claussen is one of ten Americans recently appointed by the parties to the United States-Mexico-Canada Agreement (USMCA) to the USMCA dispute settlement chapter roster. The USMCA, which came into force on July 1, replaces the North American Free Trade Agreement.
The USMCA dispute settlement roster is comprised of 30 individuals that may be called upon in case of dispute over the interpretation or application of the trade agreement. Should a dispute arise, the agreement sets out that the two countries involved in the dispute will select five members from the roster to serve as panelists for the resolution of the dispute.
Claussen is also one of two Americans selected by Canada and Mexico for their USMCA rapid response labor mechanism roster, a key tool for enforcing USMCA labor protections. The mechanism is the first of its kind and allows either country to take expedited enforcement action against worksites in the other country that do not comply with domestic freedom of association and collective bargaining laws. Individuals on this roster could be selected to investigate and make a determination concerning an alleged violation of these laws at a Mexican or Canadian worksite.
Claussen’s primary scholarly interests include trade and investment law, dispute settlement and procedure, international contracts and issues in cross-border business transactions, national security including cybersecurity law, and federalism and conflict of laws. Prior to joining the Miami Law faculty in 2017, Claussen was Associate General Counsel at the Office of the U.S. Trade Representative in the Executive Office of the President. There, she represented the United States in trade dispute proceedings and served as a legal advisor for the United States in international trade negotiations. She also worked on economic security issues on behalf of USTR at the National Cyber Investigative Joint Task Force.
