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 »

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 »