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 »
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 »
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 »
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 »
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 »
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 »