Category Archives: Canada-US trade
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 »
CUSMA – One Last Hurdle Remains
This was a commentary published in the Report on Business (Globe and Mail) on 8 April 2020. In the piece, I wonder why the Trump administration hasn’t provided the official notice needed to get the CUSMA into effect. I suspect much of it is related to the auto rules of orgin, something Mexico has also… Read More »
COVID-19 Crisis & Trump’s Export Controls
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… Read More »
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… Read More »
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… Read More »