Here is a short piece published by the C. D. Howe Institute, 24 May 2017, suggesting some options for Canada in NAFTA negotiations if the US demands removal of the existing binational panel system (in Chapter 19) for dumping and subsidy cases. While not advocating that Canada should give in, the article suggests how State-to-State… Read More »
The trade dispute between Canada and the US over American country of origin labelling requirements (referred to everywhere as “COOL”) is entering its eighth year. It presents a history of delay, frustration and prevarication that, sad to say, tarnishes the utility of the WTO dispute settlement system. Canada took the matter to the WTO back… Read More »
There are over 2,500 bilateral investment treaties that incorporate investor-State dispute settlement (ISDS) mechanisms. These allow foreign investors to bring binding arbitration against host-States for allegedly unfair or arbitrary actions (laws or other measures) affecting the value of their investments. There’s growing concern among informed persons over this entrenched model, as I’ve commented on before.… Read More »
One of the growing concerns in trade law is the long, dense and over-wordy WTO panel and Appellate Body decisions. These decisions run in the hundreds and hundreds of pages in densely-typed and often opaque paragraphs, vexing lawyers (let alone non-lawyers) in trying to grasp the meaning and long-term impact of these judgements. It’s puzzling… Read More »