Here is a commentary of mine that was published in the Financial Post on October 2, 2014. To see the actual FP piece, click here. October 2, 2014 China investment treaty no sell-out Special to Financial Post Lawrence L. Herman: Predictions of doom over the Canada-China deal aren’t borne out by real-life experience Predictions of… Read More »
Prime Minister Harper and EU President Barroso have signed the formal text of the Canada-EU Comprehensive Economic and Trade Agreement (CETA). Don’t be surprised when I tell you that this isn’t the final step. It isn’t. Under the Law of Treaties (yes, there is such a thing) signature by authorized representatives is a necessary first… Read More »
On August 27, 2014, a NAFTA panel dismissed a claim by the Canadian pharmaceutical company, Apotex Inc., that had argued that the US government had breached the non-discrimination clauses in the Agreement by issuing an Import Alert over the company’s Canadian drug manufacturing processes. In 2008 -2009. the US Food and Drug Administration had inspected… Read More »
There was flurry of media excitement last week over the leak in Germany (on August 14th) of an unofficial and incomplete version of the Canada-EU economic and trade agreement (CETA). But not much real drama. In fact, public and business reactions in Canada have been quite tame. Leak Was Expected As the final drafting by… Read More »
The current cavalcade of sanctions and counter-sanctions in the Russian-Ukraine crisis ultimately involves issues of trade rules under the WTO Agreement. I commented on this in an op-ed piece in the Globe and Mail today (August 8, 2014), my view being that, contrary to the Russian threat, it’s Russian trade retaliation against the West, including… Read More »
The reported German rejection of Investor-State Dispute Settlement (ISDS) in the Canada-EU trade and investment agreement, while inexcusably late in the day, shouldn’t come as a total surprise. The July 26 Sueddeutsche Zeitung report simply articulates Germany’s growing distrust over these binding investment arbitration provisions, of particular German concern in the context of the EU-US… Read More »
The German position rejecting investor-State dispute settlement (ISDS) in the CETA– while a last minute surprise and reprehensible for that reason – doesn’t spell the end of the Canada-EU deal by any means. The Germans have simply come out with a position that has been bubbling for some time. More and more stakeholders, beyond the typical… Read More »
Canada’s sanctions against Russia and Ukraine are a moving target and are expanded on an ongoing basis, particularly in light of the evolving situation in that part of the world. This note adds to comments I made previously on this Blog. I anticipate that Canada will tighten the Russian sanctions in light of the downing… Read More »
There is growing debate about foreign investment protection agreements – what Canada calls “FIPAs”, the Americans call bilateral investment treaties or “BITs” and what others refer to simply as international investment agreements or “IIAs”. Acronyms abound. According to the UN Conference on Trade and Development, there are 3,200 of these around the world, proliferating in… Read More »
The Council of Canadians, the self-styled champion of the public interest, has blasted governments for their collective secrecy in the TPP negotiations being held in Ottawa July 3-12. They issued demands for access to TPP negotiating documents and, in effect, for virtual inclusion the TPP talks on an ongoing basis. This is a standard ploy… Read More »