international trade

Georgia Law Professor Desirée LeClercq featured in Inside US Trade article 

University of Georgia School of Law Professor Desirée LeClercq was recently featured in Inside US Trade regarding the U.S.-Mexico-Canada Agreement’s Rapid Response Mechanism (RRM) and how it may be used by the upcoming Trump administration.

The December 5 article entitled “Under Trump, hope — and recommendations — for the stronger use of RRM” was written by Margaret Spiegelman. It references a report LeClercq co-authored with Mexican researchers on the views of workers in the Mexican auto sector on their labor rights under the USMCA’s RRM, as well as her November 10 post for the International Economic Law and Policy Blog entitled “Whither the Worker-Centered Trade Policy?”

From the article:

University of Georgia School of Law Assistant Professor Desirée LeClercq…says a recent study she conducted with El Colegio de Sonora professor Alex Covarrubias-V and Cirila Quintero Ramirez, a research professor at El Colegio de Frontera Norte, Unidad Matamoros, suggests that the mechanism has disproportionately served a relatively narrow group of workers with ties to major U.S. unions and non-governmental organizations, without raising labor standards overall.

LeClercq, who was USTR’s director of labor affairs during President Trump’s first term, said she believes a second Trump administration, less beholden to such groups, might be incentivized to use the tool more broadly to try to improve labor standards that give Mexico an unfair competitive edge.

LeClercq joined the University of Georgia School of Law in 2024 as an assistant professor. She teaches International Trade and Workers Rights, International Labor Law, International Law and U.S. Labor Law, as well as the International Law Colloquium. She also serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.

Georgia Law Professor Desirée LeClercq cited in Financial Times 

University of Georgia School of Law Professor Desirée LeClercq‘s report “Enforcement of the United States-Mexico-Canada Agreement (“USMCA”) Rapid Response Mechanism: Views from Mexican Auto Sector Workers” was cited in the article “How the Democrats Worker-Centred Trade Policy Failed” in the Financial Times.

Below is the article’s abstract:

This study examines whether the RRM empowers workers’ voices in the Mexican auto sector. To this end, between January and March 2024, we interviewed 130 workers across seven supplier facilities (auto plants facilities and logistics facilities) and five assembly plants, for a total of 12 facilities. Three of the facilities were not unionized; nine facilities were unionized. Three of the twelve plants had used the RRM (“RRM facilities”), addressing various violations of labor rights, voting processes to approve or reject collective contracts, voting processes to elect independent unions, and dismissals and intimidation of workers in union activism. All three RRM cases were remediated through plans requiring the facility to hold a new legitimization vote and union election and offer worker-level trainings. Our preliminary results problematize some assumptions that drove RRM implementation. The Biden administration and members of the United States Congress have promoted the RRM as a way to strengthen the Mexican government’s efforts to implement Mexican labor law reform, empower workers in productive export sectors, and give them a voice over their labor conditions. Our results suggest that, four years after the implementation of the USMCA and the reforms of Mexico’s labor legislation, a little more than half of the workers are aware of the labor law reform, and opinions are divided on whether it is strengthening labor rights. Some workers thought the reforms were going well, while many thought the reform process was going poorly or did not know how it was going. The majority of workers we interviewed revealed that they did not understand the new democratic procedures to legitimize their collective bargaining agreements, nor that they could access the RRM platform to express their complaints. Nevertheless, the workers we interviewed at RRM facilities tended to be more knowledgeable of the labor law reforms and its attendant rights and processes than those at facilities that have not undergone RRM investigation and remediation, and they tended to view their bargaining representative and conditions of work more favorably. Our study suggests that when workers are given the opportunity to participate in democratic elections under international supervision, after receiving training on the shop floor about their rights and election procedures, they gain knowledge and ownership over their working conditions.

LeClercq joined the University of Georgia School of Law in 2024 as an assistant professor. She teaches International Trade and Workers Rights, International Labor Law, International Law and U.S. Labor Law, as well as the International Law Colloquium. She also serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.

Georgia Law Professor Desirée LeClercq publishes on International Economic Law and Policy Blog

University of Georgia School of Law Professor Desirée LeClercq published an article titled “Whither the Worker-Centered Trade Policy?” for the International Economic Law and Policy Blog. This article presents LeClercq’s views on the Trump administration’s trade agenda.

Below is an excerpt from the article:

“The Biden administration changed U.S. trade policy significantly when it adopted a “worker-centered” trade policy that justified entering into “frameworks” and not trade agreements. That policy didn’t win many accolades from the trade crowd. Many critics felt that it forewent critical opportunities by refusing to discuss market access in new trade contexts. Without getting into that debate, this post discusses whether the Biden administration’s worker-centered trade policy – and notably, use of that policy under the United States-Mexico-Canada Agreement (USMCA) Facility-Specific Rapid-Response Labor Mechanism (RRM) – will outlive the administration.

I think it will, but it will look different. And some, including labor rights advocates like myself, might prefer the Trump administration’s approach.”

LeClercq joined the University of Georgia School of Law in 2024 as an assistant professor. She teaches International Trade and Workers Rights, International Labor Law, International Law, U.S. Labor Law and the International Law Colloquium. She also serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.

Georgia Law Professor Desirée LeClercq publishes article in World Trade Review

University of Georgia School of Law Professor Desirée LeClercq published her article “Tonia Novitz, Trade, Labour, and Sustainable Development: Leaving No One in the World of Work Behind Edward Elgar Publishing, 2024 – Kevin J. Middlebrook, The International Defense of Workers: Labor Rights, US Trade Agreements, and State Sovereignty Columbia University Press, 2024” in the World Trade Review.

LeClercq’s article reviews two books that examine trade and labor rights, the development of the United States-Mexico-Canada Agreement (USMCA) and the Rapid Response Mechanism.

Below is an excerpt from the article:

Over the past decade, trade lawyers and legal researchers have had to take a crash course in international labor law and the so-called ‘sustainable development’ framework. Trade bans across the Atlantic punish governments and corporations for engaging in forced labor. The European Union (EU) recently revised its trade agenda to ensure that commitments to trade agreements with sustainable development provisions are enforceable through sanctions. The United States adopted a ‘worker-centered’ trade policy foregrounding international labor law, the International Labor Organization (ILO), and conceptions of workplace democracy, choice, and voice. The trade and labor linkage, long the source of dispute, is apparently with us to stay, with its attendant implications for trade, political relationships, and international economic law. Namely, who establishes the rules? Governments? International organizations? Civil society? And who decides whether and how those rules are violated?

LeClercq joined the University of Georgia School of Law in 2024 as an assistant professor. She teaches International Trade and Workers Rights, International Labor Law, International Law and U.S. Labor Law. She also serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.

Georgia Law Professor Desirée LeClercq presents at 2nd annual Trade and Public Policy Network Conference in Oxford

University of Georgia Assistant Professor of Law & Faculty Co-Director of the Dean Rusk International Law Center, Desirée LeClercq, presented at the 2nd annual Trade and Public Policy Network Conference in Oxford, England. LeClercq’s work was entitled: “Enforcement of the United States-Mexico-Canada Agreement Rapid Response Mechanism.”

Desirée LeClercq joined the University of Georgia School of Law as an assistant professor in summer 2024 and currently teaches International Trade and Workers Rights, International Labor Law, International Law, and U.S. Labor Law. She serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.

Georgia Professor Desirée LeClercq to present at WTO’s Annual Public Forum in Switzerland

Assistant Professor Desirée LeClercq will present at the World Trade Organization’s (WTO) 2024 Public Forum. The theme for this year’s forum is Re-globalization: Better Trade for a Better World, described below:

Since the WTO’s inception in 1995, global trade has rapidly expanded and become increasingly interconnected. The international trading system has helped lift 1.5 billion people out of absolute poverty and unlocked new opportunities for businesses, workers and consumers. At the same time, the gains from trade have not always been shared equally. This needs to change.

As the WTO celebrates its 30th anniversary, the 2024 Public Forum will look to the future, exploring how re-globalization can help make trade more inclusive and ensuring that its benefits reach more people.

LeClercq will present research under the United States-Mexico-Canada agreement’s dispute settlement provisions and their effects on vulnerable workers in Mexico.

The WTO 2024 Public Forum also discussed the TradeExperettes’ report: Ten “Quick Wins” for Re-globalization and Resilience in Trade. LeClercq authored “Quick Win No. 3: Empower all workers to ensure a fair, equitable and sustainable trade policy,” which urges greater inclusion of non-union workers at the trade bargaining table.

Desirée LeClercq joined the University of Georgia School of Law as an assistant professor in summer 2024 and currently teaches International Trade and Workers Rights, International Labor Law, International Law, and U.S. Labor Law. LeClercq’s scholarly focus lies in international and labor law. She also serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.

Georgia Law Professor Desirée LeClercq publishes chapter in Oxford University Press book

Assistant Professor Desirée LeClercq published “Enforcing International Sustainability Standards on International and National Platforms” in The Sustainability Revolution in International Trade Agreements (G. Vidigal and K. Claussen, eds.) (Oxford University Press, 2024).

Below is a description of the book:

Once seen as aspirational and relatively innocuous, ‘sustainability’ or ‘sustainable development’ provisions are now changing the face of international trade agreements. The Sustainability Revolution in International Trade Agreements gathers fundamental, first-hand analyses of these novel commitments across dozens of agreements, considering their legal, political, and economic aspects.

Drawing on perspectives from different parts of the world and engaging experts in the law and practice of sustainability provisions, this volume offers a comprehensive assessment of the latest developments and innovations in international trade agreements. It also evaluates the development challenges that sustainability requirements pose for countries with limited resources and capacity, for whom lower labour and environmental regulatory costs have been a competitive asset.

The present volume explores the intersectional aspects of sustainability – such as gender equality, biodiversity, animal welfare, and Indigenous rights – in addition to the more traditional dimensions of sustainability, namely economic development, environmental conservation, and improvement of labour standards.

There is little doubt that a sustainability revolution in global production patterns is needed. Considering the details of its operation – how it can come into being, who will bear the increased production costs, and how decisions on difficult trade-offs will be made – reveals the immense challenges involved in developing a new international law for sustainable trade. Read together, the chapters in this volume outline the contours this emerging legal framework, examine its practical operation, and offer important reflections upon the real extent and the foreseeable consequences of this sustainability revolution in international trade agreements.

Desirée LeClercq joined the University of Georgia School of Law in 2024 as an assistant professor. She teaches International Trade and Workers Rights, International Labor Law, International Law and U.S. Labor Law. She also serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.

Director Emeritus Johnson presents in WITA panel discussion on the past, present, and future of U.S. Trade Policy

The Washington International Trade Association (WITA) hosted two panels last month to discuss changing attitudes toward trade in the 250 years since the Boston Tea Party. Taking part in the panel was University of Georgia School of Law alumnus and Director Emeritus of the law school’s Dean Rusk International Law Center, Ambassador C. Donald Johnson.

The two panels addressed the evolution of trade policy, trade’s present and future, and the role of the United States as a leader in global trade. The first panel (recording here), moderated by Edward Alden, Ross Dist Visiting Professor at Western Washington University and Bernard L. Schwartz senior fellow at the Council on Foreign Relations (CFR), featured the following speakers:

  • Elizabeth Baltzan, Senior Advisor, Office of the United States Trade Representative
  • Wendy Cutler, Vice President, Asia Society Policy Institute (ASPI), and Managing Director of the Washington, D.C. office; former Acting Deputy United States Trade Representative
  • Ambassador Donald Johnson, Director Emeritus, Dean Rusk Center for International Law and Policy, University of Georgia; former Chief Textile Negotiator, Office of the United States Trade Representative
  • Ambassador Susan Schwab, Strategic Advisor, Mayer Brown; former U.S. Trade Representative

Johnson’s comments contextualized the attitude towards trade during the era of the Boston Tea Party. He discusses the historical conflict between trade and labor, with roots in the Jefferson and Hamilton political philosophies, and moves through the industrialization of the 19th century.

Johnson’s book The Wealth of a Nation: a History of Trade Politics in America (Oxford University Press 2018) presents a history of trade politics from the 1790s through the Trump administration. He received the 2019 Certificate of Merit for High Technical Craftsmanship and Utility to Lawyers and Scholars (Honorable Mention) at the 113th American Society of International Law Annual Meeting, detailed in our previous post here.

Johnson served from 1998 to 2000 as Ambassador in the Office of the United States Trade Representative, and then specialized in international trade law as a partner at the Washington law firm Patton Boggs. Additionally, while serving from 1993 to 1995 as a U.S. Representative on behalf of Georgia’s 10th District, Johnson focused on national security and international economic policy, including legislation implementing North Atlantic Free Trade Agreement and the World Trade Organization. Johnson served as an Articles Editor for that journal while a student at the University of Georgia School of Law, from which he earned his J.D. in 1973. Thereafter, he studied at the London School of Economics and Political Science, earning an LL.M. degree in International Economic Law and International Relations.

UGA Law Professor Cohen Speaks with International Law Society

Gabriel M. Wilner/UGA Foundation Professor in International Law & Faculty Co-Director of the Dean Rusk International Law Center Harlan Grant Cohen spoke to International Law Society (ILS) members in late September as part of an ongoing brown bag lunch series with international law faculty at UGA Law.

Cohen provided the students in attendance with an introduction to his current research. He then outlined his path into academia and offered students insight into the spectrum of professional opportunities within the field of international law, noting fast-growing sectors like export controls, CFIUS issues, and space law. He also offered some reflections on the changing nature of the field, including the recent trend of withdrawal from international organizations and treaties; the emergence of new centers of power that challenge norms in international law; and increasing economic competition influencing international law through mechanisms such as trade rules and sanctions. Cohen encouraged student questions to drive the majority of the conversation, providing career and networking advice throughout the discussion. He recommended that students interested in international law enroll in the spring Public International Law course, attend conferences and get involved in international law organizations, and try to learn a second language if possible.

ILS President, 2L Madison Graham, spearheaded this series with the intention of orienting new law students towards the international law faculty. She hopes to expand the student body’s definition of what international law means and to bring their attention to the academic achievements of the international law faculty here at UGA Law.

ILS is the student chapter of the International Law Students Association, a Washington, D.C.-based organization that for decades has provided students with opportunities to study, research, and network in the international law arena through conferences, publications, and administration of the Philip C. Jessup International Law Moot Court Competition. At UGA Law, ILS hosts events and projects designed to stimulate and advance understand of international, comparative, foreign, and transnational law and institutions. ILS’ faculty advisor is Diane Marie Amann, Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, Faculty Co-Director of the Dean Rusk International Law Center.

Georgia Law Professor Harlan G. Cohen presents paper on trade-security measures at Temple Law-ASIL workshop

Harlan Grant Cohen, who is Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center here at the University of Georgia School of Law, took part earlier this month in a workshop at Temple University Beasley School of Law in Philadelphia.

Cohen presented “Toward Best Practices for Trade-Security Measures” at the workshop, which waswhich was organized by Temple Law Professor J. Benton Heath and hosted by Temple Law’s Institute for International Law and Public Policy, in coordination with the American Society of International Law International Legal Theory Interest Group.

Within the overall theme of “The Concept of Security in International Law,” the workshop brought together scholars from a range of fields in order to address shifting understandings of security in international law and foreign affairs, as well as how law can respond to these developments.