Category Archives: Investment
Investor-State Dispute Settlement (ISDS) – Some Comments
The proliferation of bilateral international investment agreements (IIAs) globally, with their binding Investor-State Dispute Settlement (ISDS) provisions, means that investment arbitrations will be an ongoing feature of business relations in many parts of the world. Even if some countries are terminating their IIAs, investment arbitrations will continue, the challenge for governments being to respond to… Read More »
EU-China Investment Treaty Raises Concerns
This comment deals with the legal and geopolitical ramifications of the recent EU-China investment treaty. It notes that Canada also has an investment agreement with China, concluded at a different time and when there was seen to be value in this kind of deal with China. Investment Treaty with China Raises Concerns-Globe 14 Jan 2021
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 »
China’s Security Challenge
This is a commentary published by The Hill Times on 10 December 2020. It deals with resources Canada can employ to confront the security risk posed by Huawei and other Chinese enterprizes seeking to invest in Canada, most of which are either State owned and controlled or under the control or influence of the Chinese… Read More »
Huawei & Canadian National Security
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 »
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… Read More »