CETA Held Hostage On Brexit again, what’s clear is that even with a new U.K. government in place, things are still unclear. There’s no roadmap on how all of the issues surrounding the UK leave scenario will be sorted out. In the meantime, the Canada-EU Comprehensive Trade and Economic Agreement (CETA) is held hostage to… Read More »
According to the media, the Brazilian aircraft manufacturer Embraer is threatening another WTO case against Bombardier, challenging the $1 billion equity infusion provided for the C Series by the Quebec government and, possibly, another $1 billion under consideration from the Feds. The following are some initial impressions from reading these recent reports. Only Brazil Can… Read More »
The huge multinational tobacco conglomerate, Philip Morris (PM), was bounced out of court on 14 July 2016, in a highly controversial investment claim against tiny Uruguay, a country with a population of 4.5 million and GDP a fraction of the US$80 billion annual revenues of the US-based tobacco giant (Philip Morris v, Uruguay, Award: http://www.italaw.com/cases/460) Although… Read More »
In the 1970s, as a young diplomat, I was a member of the Canadian delegation to the UN Law of the Sea Conference. Later in private law practice, I was on the Canadian legal team in the Gulf of Maine Case before the International Court of Justice. I have advised governments and international organizations on… Read More »
With the unthinkable – being increasingly discussed – of Britain withdrawing from the EU, questions are asked as to what this means for Canada. What are the implications for the Canada UK trade? And how does it affect the Canada-EU trade agreement? The answer is simple. Brexit will mean a lot of uncertainty on the trade… Read More »
Recent episodes such as the Earls Restaurant issue over so-called “humane beef” illustrate the impact of private sector standards, rules and best practices on international trade, outside the realm of governments and free-trade agreements. These industry-driven rules and “regulations” are having an increasing impact on international business. See my commentary, 13 May 2016, in the… Read More »
Lawrence Herman appeared before the House of Commons Trade Committee, at their request, on 5 May 2016, to present testimony on the Trans-Pacific Partnership Agreement (TPP). The following are notes from Mr. Herman tabled with the Committee. Lawrence L. Herman Notes for Presentation, 5 May 2016 Introduction The following are general comments on the TPPA… Read More »
Canada won another NAFTA investment dispute launched by a US investor under Chapter 11 of the NAFTA, the full 26 March 2016 decision recently being released. Observers of these investment cases are keen to search the dense wording (and this decision is no less dense than many others) to find some golden mien that will… Read More »