Category Archives: International Law

Investment Arbitration – Important Developments in Tobacco Litigation

The huge multinational tobacco conglomerate, Philip Morris (PM), was bounced out of court on 14 July 2016, in a highly controversial investment claim against tiny Uruguay, a country with a population of 4.5 million and GDP a fraction of the US$80 billion annual revenues of the US-based tobacco giant (Philip Morris v, Uruguay, Award: http://www.italaw.com/cases/460) Although… Read More »

The South China Sea Dispute – China Offends International Law

In the 1970s, as a young diplomat, I was a member of the Canadian delegation to the UN Law of the Sea Conference. Later in private law practice, I was on the Canadian legal team in the Gulf of Maine Case before the International Court of Justice. I have advised governments and international organizations on… Read More »

House of Commons Trade Committee – TPP Presentation

Lawrence Herman appeared before the House of Commons Trade Committee, at their request, on 5 May 2016, to present testimony on the Trans-Pacific Partnership Agreement (TPP). The following are notes from Mr. Herman tabled with the Committee. Lawrence L. Herman Notes for Presentation, 5 May 2016 Introduction The following are general comments on the TPPA… Read More »

Thoughts About Investment Agreements

There is growing debate about foreign investment protection agreements – what Canada calls “FIPAs”, the Americans call bilateral investment treaties or “BITs” and what others refer to simply as international investment agreements or “IIAs”. Acronyms abound. According to the UN Conference on Trade and Development, there are 3,200 of these around the world, proliferating in… Read More »