The Colombia–United States Free Trade Agreement: A Case Study on the Challenges of Bilateral Trade Agreements in Times of Multilateral Crisis (I)

Abstract

This article analyzes the possible renegotiation of the Free Trade Agreement (FTA) between Colombia and the United States in a context marked by the crisis of the multilateral order and the proliferation of bilateral agreements. It argues that, although the FTA has provided access to the U.S. market since 2012, it has failed to correct Colombia’s trade balance deficit and has constrained the State’s regulatory capacity in sectors such as agriculture and environmental protection. The study examines the tension between multilateralism (GATT/WTO) and bilateralism, highlighting how the latter may weaken the fundamental principles of international trade through what is described as “bilateral opportunism”.
From a legal perspective, the article explains that the FTA operates under a dual nature: as an instrument of Public International Law and as part of Colombia’s domestic legal order, subject to constitutional review. In light of the recent diplomatic tensions arising in 2025 and 2026, the text explores several mechanisms for adjusting the agreement, such as interpretative notes (particularly regarding the investor-State dispute settlement mechanism, or ISDS), amendment protocols under the Vienna Convention on the Law of Treaties (VCLT), or even treaty denunciation. Finally, the article concludes that renegotiation constitutes a legitimate mechanism for adapting the treaty to the new economic and political realities of both countries.