Category Archives: Canada-US trade

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… Read More »

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… Read More »

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… Read More »

Investment Disputes in a Post-Pandemic World

This article is a summary of the state of investment disputes under the so-called Investor-State Dispute Settlement (ISDS) systems in various treaties to which Canada is party. It looks at current win-loss record for Canada and deals with the phase out of NAFTA investment disputes under the new Canada-US-Mexico Trade Agreement or CUSMA. While these… Read More »