This is an overview of the major global governance trends – treaties, governmentally-endorsed business practices and, especially, private sector standards and actions. The latter isn’t largely recognized but, even if not legally required, these voluntary practices and standards have an important impact on global trade.
Author Archives: Lawrence Herman
Line 5 & the Canada-US Pipeline Treaty
This comment looks at the 1977 Pipeline Treaty, binding on the United States, designed especially to guaranty unimpeded pipeline transit. It was approved by the U.S. Senate (including by then Senator Biden) specifically to prevent any state or province from interfering with hydrocarbon shipments. This means the U.S. president has to take steps to ensure his country’s legal obligations are complied with, not breached by the unilateral actions of Michigan.
Reshoring Initiative Targets Behaviours, Not Laws
This is an opinion piece of mine in the Globe & Mail (Toronto), 20 April 2021, commenting on how private sector actions – such as guidelines, standards and certifications – can affect international business and trade. These are developments that don’t depend on, and are separate from, governmental actions like statutes or treaties.
Professional & Volunteer Activities
Here is a link to a summary of my positions and appointments to various organizations, committees and others over the last number of decades.
World Trade Organization-Comment on its Many Challenges
This is an opinion piece published in the Globe and Mail, 3 March 2021. It comments on two main institutional factors that will impact on the future of the WTO, noting these are among the many formidable challenges facing the new Director-General.
How Should Canada Respond to Biden’s Buy American Policies?
Here is my commentary – published by the MacDonald-Laurier Institute, 25 February 2021 – on the various aspects of President Biden’s new Buy American policies and their implications for Canadian suppliers.
Bibliography – Publications, Articles, Papers (1978-2021)
This is a listing of Lawrence Herman’s published articles, etc. over the last 40 or so years. A selection of newspaper columns and editorial comments are included here.
EU-China Investment Treaty Raises Concerns
This comment deals with the legal and geopolitical ramifications of the recent EU-China investment treaty. It notes that Canada also has an investment agreement with China, concluded at a different time and when there was seen to be value in this kind of deal with China.
Investment Treaty with China Raises Concerns-Globe 14 Jan 2021
Keystone XL Is Dead – It’s Now a Question of Compensation
This is a column of mine in the Globe and Mail (Toronto), 25 January 2021, about the Keystone XL permit cancellation, commenting on how calls for Canadian “sanctions” or “retaliation” made by the premiers of Alberta and Saskatchewan make no sense. As well, neither the WTO Agreement nor CUSMA provide legal justification for this kind of action. It’s time to move on.
Keystone XL-Forget Retaliation-The Fight Is About Compensation
China’s Security Challenge
This is a commentary published by The Hill Times on 10 December 2020. It deals with resources Canada can employ to confront the security risk posed by Huawei and other Chinese enterprizes seeking to invest in Canada, most of which are either State owned and controlled or under the control or influence of the Chinese Communist Party.