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 »

Private Rule-Making & International Trade

Recent episodes such as the Earls Restaurant issue over so-called “humane beef” illustrate the impact of private sector standards, rules and best practices on international trade, outside the realm of governments and free-trade agreements. These industry-driven rules and “regulations” are having an increasing impact on international business. See my commentary, 13 May 2016, in the… 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 »

TPP – Brief to the House of Commons Trade Committee

Below is a Brief filed with the Standing Committee on International Trade on its examination of the Trans-Pacific Trade Agreement. HOUSE OF COMMONS STANDING COMMITTEE ON INTERNATIONAL TRADE TRANS-PACIFIC TRADE AGREEMENT – WATCHING WASHINGTON LAWRENCE L. HERMAN Herman & Associates Toronto 13 April 2016 While the Standing Committee examines the intricacies of the Trans-Pacific Partnership… Read More »

Canada and Investment Disputes-Tallying the Numbers

Canada Pays Out The federal government just announced that it was paying Mobil Investments and Murphy Oil some $19 million to satisfy a decision of a NAFTA investment arbitration panel last year. The tribunal found that certain guidelines of the Canada-Newfoundland Offshore Petroleum Board were discriminatory and thereby breached Canada’s NAFTA obligations. Although the government… Read More »

Canadian Trade Policy under the Liberals-Some Ideas

As Canada becomes more and more assertive in international markets, particularly the expanding export reach of our SMEs, we need to consider aspects of our strategy aimed at dismantling foreign trade barriers. Preferential trade agreements like the Trans-Pacific Partnership Agreement (TPPA) and the Canada-EU Comprehensive Economic and Trade Agreement (CETA) are one way but there… Read More »