Author Archives: Lawrence Herman
Submission to House of Commons Trade Committee
This is a copy of my submission to the Canadian House of Commons Trade Committee in advance of my testimony on February 20. 2020. I say that the task before the Committee in to bring Canadian laws into line with CUSMA. It is an implementing bill, not a treaty re-negotiating exercise. If the Bill and the Agreement are turned down by Parliament, Canada will be unable to ratify the Agreement. The Committee should think carefully of the damage this would do to Canada-US relations across the board.
New US China Trade Deal-Betrayal of WTO Rules?
This is a commentary in the Report on Business on the recently-announced US-China trade deal, a short-term arrangement that, in my view, is contrary to the non-discrimination (MFN) rules in the WTO Agreement. It’s a purely two-way deal that favours US businesses to the prejudice of other WTO members.
Sanctions & Embargoes Update
Investment Disputes under NAFTA-An Evaluation
This commentary, published by the C. D. Howe Institute, deals with investor claims under NAFTA Chapter 11 and assesses Canada’s win-loss record over the past 25 years. These arbitrations are coming to an end under the new NAFTA – or CUSMA as it’s called in Canada. I say that’s a welcome development.
NAFTA Investment Disputes-Bringing Things Current
Assessing Trade-Related Risks
This article appeared as an op-ed commentary in the Toronto Globe & Mail Report on Business, 26 November 2019. It notes the shattering of the established global trade order and recommends more attention to corporate reporting of trade-related risks in light of these developments. Climate-change risks are increasingly being reported by public issuers. I suggest standards should also be formulated for trade risks – all in aid of disclosure to investors.
Duties of Canada’s Attorney General-Another Look at SNC Lavalin Scandal
Here is a review of some of the central issues regarding the SNC Lavalin affair and the role of the Attorney-General of Canada, points that haven’t been answered satisfactorily by Ms. Wilson-Raybould and her defenders. SNC-Lavalin Affair-Unanswered Questions
Canada-US Investment Disputes Coming to End
Here is a commentary in the Globe and Mail, 4 March 2019, on the latest investment dispute panel decision in the Clayton-Bilcon case and the fact that these arbitrations are ending under the new NAFTA – the USMCA or CUSMA as Canada calls it. Overall, Canada has been targeted many more times than Mexico by US investors, but after 25 years, the total awarded to American claimants by NAFTA panels has not been that much – some $65.0 million.
Trade & Refugees-Discussion Paper
Here is a short discussion paper I prepared for the World Refugee Council on how WTO trade rules could be harnessed to alleviate some of the burdens on refugee host countries. This paper doesnt deal with complex issues of integration – rather, it looks at how short or medium term trade and tariff measures can at least help reduce the hopelessness and absence of economic direction in many of the refugee camps that seem increasingly entrenched.
To view my paper, click here. CIGI-WRC Discussion Paper No 3