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 »
GLOBE & MAIL 31 May 2018 LAWRENCE L. HERMAN © 2018 Former Canadian diplomat, practices international trade law at Herman & Associates and is a Senior Fellow of the C.D. Howe Institute in Toronto. The Trump administration’s announcement of punitive tariffs on Canadian steel and aluminum yesterday means we’re into a full-blown economic and… Read More »
The threat of Mr. Trump ending the NAFTA negotiations, including the possibility of him sending a notice of US withdrawal from the treaty itself, prompts a brief but interesting review of US-Canada trade relations over the last 150 years. In may come as a surprise to learn that the US has only terminated one trade… Read More »
This op-ed piece by Lawrence L. Herman was published on-line in the Toronto Globe and Mail on 11 January 2018 and was in the print version the following day. https://www.theglobeandmail.com/report-on-business/rob-commentary/the-post-nafta-world-is-starting-to-take-shape/article37572664/ Below is a copy of that article. Are we entering the post-NAFTA world? It certainly looks that way. The markets finally woke up to this Wednesday,… Read More »