Author Archives: Lawrence Herman

About Lawrence Herman

Counsel on International trade and investment, global business transactions & public policy

Investor-State Dispute Settlement (ISDS) – Some Comments

The proliferation of bilateral international investment agreements (IIAs) globally, with their binding Investor-State Dispute Settlement (ISDS) provisions, means that investment arbitrations will be an ongoing feature of business relations in many parts of the world. Even if some countries are terminating their IIAs, investment arbitrations will continue, the challenge for governments being to respond to criticisms by improving appointment procedures, transparency and public understanding of the ISDS process generally. This May 2023 article suggests some ways forward,

Investor-State Disputes – The Record and the Reforms Needed for the Road Ahead

A Comment on the WTO’s Future – C.D. Howe Institute

The World Trade Organization is facing serious challenges. Its negotiating functions are paralyzed by disagreements among member governments. The dispute settlement process is dysfunctional as well. Institutional reform of the Organization is long overdue. Given these problems, what is the realistic future of the WTO? Here are some practical suggestions.

The WTO & Some Future Thoughts

Green Subsidies & Trade Wars – Commentary

One of the serious shortcomings of the global trading order – as represented by the WTO & its multilateral rules-based system – is that it is based on a commercial world that no longer exists. The rules are not adequate to deal with modern trade challenges, particularly climate change & decarboniztion. This short piece suggests some medium term options for governments in this area.

Green Subsidies & Trade Wars

World of Trade in 2023

In January 2023, I wrote an opinion piece for the Globe and Mail (Toronto) about the coming year’s prospects for the multilateral trading system, giving all the problems confronting the WTO. The piece outlines, in brief fashion, some themes for the year to come.

Globe and Mail – Challenges for Global Trade in 2023

Critical Trade Issues for Critical Minerals

In this paper published by the MacDonald Laurier Institute, I say Canada’s Export Control List should be enlarged to include critical minerals, which is not the case now. Second, I say
that export controls are a vital strategic tool and that any Canadian critical
minerals policy must include export controls as a major component of that policy.

Critical Minerals-Legal & Trade Policy Issues

Canada’s Indo-Pacific Strategy

Looking ahead to Canada’s proposed Indo-Pacific Strategy, a brief comment about export controls as one of the main components of that strategy, a trade tool little discussed in the press.

Indo-Pacific+China Trade Policy

Putin May Never Face Justice for War Crimes

This is an op-ed piece in the Globe and Mail (Toronto) commenting on Russian war crimes, explaining the application of the 1946 Nuremberg Principles to the horrendous actions of Mr. Putin and his acolytes. The caveat is that chances are nil that these individuals will ever face justice (in person) for their crimes.

Russian-War-Crimes-International-Law Download

Sanctions – Embedded in the Structure of Global Trade

The Ukraine war has resulted in a huge array of Western sanctions, extraordinarily coordinated, that will be a lasting element in the global trading order. This opinion piece in the Globe in May 2022 explains their impact and the political difficulties of winding these down, even if and when this war ends.

Russian Sanctions Will Last for Decades

WTO in Limbo – What Next?

WTO In Limbo – Options for Western Countries

A commentary on the emergence of the OECD as the most viable institution to conclude new multilateral rules, standards even binding agreements in face of the difficulties facing the WTO. Published by the Canadian Global Affairs Institute in June 2022.

WTO Faces New Challenges in Today’s World

The WTO is facing internal stresses (governance and others) and serious external challenges (the disatrous Russian invasion of Ukraine). The question addressed in this op-ed piece in the Globe & Mail, 4 April 2022, is whether the Organisation can overcome these and move forward.

WTO’s Waning Influence – Globe 4 Apr 2022