Below is a Brief filed with the Standing Committee on International Trade on its examination of the Trans-Pacific Trade Agreement. HOUSE OF COMMONS STANDING COMMITTEE ON INTERNATIONAL TRADE TRANS-PACIFIC TRADE AGREEMENT – WATCHING WASHINGTON LAWRENCE L. HERMAN Herman & Associates Toronto 13 April 2016 While the Standing Committee examines the intricacies of the Trans-Pacific Partnership… Read More »
Canada Pays Out The federal government just announced that it was paying Mobil Investments and Murphy Oil some $19 million to satisfy a decision of a NAFTA investment arbitration panel last year. The tribunal found that certain guidelines of the Canada-Newfoundland Offshore Petroleum Board were discriminatory and thereby breached Canada’s NAFTA obligations. Although the government… Read More »
As Canada becomes more and more assertive in international markets, particularly the expanding export reach of our SMEs, we need to consider aspects of our strategy aimed at dismantling foreign trade barriers. Preferential trade agreements like the Trans-Pacific Partnership Agreement (TPPA) and the Canada-EU Comprehensive Economic and Trade Agreement (CETA) are one way but there… Read More »
The collapse of the Doha Round a couple of years ago left the World Trade Organization with an unfortunate legacy, a wounded reputation as a negotiating forum as 10 years of effort essentially went up in smoke. Funeral rites for the Doha Round are now accepted by all save the most steadfast of believers. This… Read More »
The following is adapted from the 2015 update to my book, Canadian Trade Law: Practice & Procedure (Thomson Carswell 2007), which reviews the decisions of the Canadian International Trade Tribunal on an annual basis, summarizing important elements in its decisions under the Special Import Measures Act, R.S.C. 1985, c/ S-15 (“SIMA”), The Tribunal celebrated its… Read More »
The Problem In concert with its western allies, Canada has instituted a series of trade and economic sanctions against Iran, Syria, Russia, plus about twenty other countries and failed states. These can be tricky seas to navigate for Canadians, doubly treacherous because of the criminal penalties involved when sanctions are transgressed. The challenges are compounded… Read More »
Controversy The IP provisions in the TPPA have been the source of some controversy, not only in Canada but in other countries. In Canada, some say these are responsive to corporate interests and will inhibit local innovation and entrepreneurship. The focus seems to be on the patent provisions in the Agreement, less so on the… Read More »
There’s been concern expressed in some quarters about whether the TPP Agreement will limit the ability of governments to take public safety measures, in particular, to require disclosure of encryption information for national security reasons. The discussion has been focused on provisions on Chapter 8 of the TPPA covering Technical Barriers to Trade. Some are… Read More »
A note – many years ago I was head of the Treaty Law Section in the old Department of External Affairs. What follows deals with the kinds of issues I covered on a daily basis, coming back into prominence so many years later. Signing the Agreement – What Does That Do? There’s been a fair… Read More »