Arguably scrapping part of NAFTA’s Ch. 11 is Canada’s biggest win with USMCA
Welcome removal of a section of Chapter 11, Section B., or the Investors-State Dispute Settlement (ISDS) mechanism.
In terms of Canadian sovereignty, Gus Van Harten, a professor at Osgoode Law School and an expert in dispute settlement commented:
“In terms of Canada as a whole and our sovereignty, it’s just transformational. It was the No. 1 obstacle to actually calling ourselves an independent country in our entire legal framework, ever since we repatriated the Constitution. It’s as simple as that.”