Category Archives: NAFTA

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 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 »

Neighbourly relations with the U.S. are over

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 »

An Illuminating (but Short) History of Canada-US Trade Relations

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 »

POST NAFTA WORLD

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 »