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 »
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 »
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 »
Here is a short discussion paper I prepared for the World Refugee Council on how WTO trade rules could be harnessed to alleviate some of the burdens on refugee host countries. This paper doesnt deal with complex issues of integration – rather, it looks at how short or medium term trade and tariff measures can at… Read More »
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 »