Wither TPP

My commentary in the 23 August 2016 edition of the Globe & Mail’s Report on Business suggests – from all the signals coming out of Washington – that the likelihood of US approval of the TPP Agreement is fading. See it here: http://bit.ly/2bM3DpD There may be a glimmer of hope but with key Congressional leaders… Read More »

BC’s Non-Resident Home Purchase Taxes and International Trade

Comments have been made in some quarters about the recently-announced 15% tax imposed by the BC government on non-resident purchases of residential property to the effect the measure might offend Canada’s obligations under the NAFTA. These come as a surprise, since few would have thought that an internal measure like this would even remotely involve… Read More »

Brexit and CETA – The Way Forward

CETA Held Hostage On Brexit again, what’s clear is that even with a new U.K. government in place, things are still unclear. There’s no roadmap on how all of the issues surrounding the UK leave scenario will be sorted out. In the meantime, the Canada-EU Comprehensive Trade and Economic Agreement (CETA) is held hostage to… Read More »

Another WTO Aircraft Battle?

According to the media, the Brazilian aircraft manufacturer Embraer is threatening another WTO case against Bombardier, challenging the $1 billion equity infusion provided for the C Series by the Quebec government and, possibly, another $1 billion under consideration from the Feds. The following are some initial impressions from reading these recent reports. Only Brazil Can… Read More »

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 »