Trend Spotting: NAFTA Disputes After Fifteen Years

Cross-border investment disputes have supplanted trade disputes as the main focus of legal actions under the North American Free Trade Agreement (NAFTA), according to this study. The author finds a growing number of these investment disputes entail challenges by American investors against Canada's provincial, as opposed to federal, laws and regulations. So important constitutional issues need clarifying between Ottawa and the provinces. He notes as party to the treaty, Ottawa must carry the ball in court but who is really responsible? Who pays when the provinces or municipalities run afoul of Ottawa’s multilateral commitments?International Policy, NAFTA, trade remedy disputes, Canadian federal government, Canadian provincial governments

American Corn and Canadian Trade Actions: One Step Forward, Two Steps Back

On January 8 this year, the Canadian government initiated what will be one of Canada’s largest trade disputes against the United States, by challenging US Farm Bill subsidies for corn, soy and other grain products at the World Trade Organization (WTO). This case is the first of its kind launched by Canada, not only attacking existing Farm Bill programs but implicitly challenging any revitalized subsidy programs that might appear in Farm Bill replacement legislation currently before Congress.international policy, Canadian trade policy

Investment Review In Canada- We Can do Better

Although the Investment Canada Act (ICA) is often criticized for leaving investors and the public in the dark on government decisions regarding proposed foreign investments in Canada, nothing in the Conservative government’s platform suggests that the ICA’s basic framework will be changed. Moreover, there is no evidence that the ICA or the review process has limited foreign investment in Canada since the Act came into force. However, the legislation should be made more open and predictable, both for the application of the net benefit test and for determinations of national security issues. When a foreign acquisition is approved or rejected, the Industry Minister should be required to issue public reasons. Where investment approvals are given subject to undertakings, the general outlines should be made public. More transparency and public disclosure will make foreign investors confident the system is fair, objective and free from bias, bolstering Canada’s reputation as a fine place to invest

Proof of Offshore Territorial Claims in Canada

The territorial sea of Canada consists of a 12-mile belt of maritime space extending seaward from the Canadian maritime coastline. I By virtue of international law, this 12-mile maritime belt is considered to be part of the territorial domain of the littoral state.2 As a consequence, the legal limits of Canadian territory extend beyond the low water line along the coasts of Canada to include the area of the 12-mile territorial sea

International Law Aspects of Patriation

In this article the matter of patriation is considered from the view of international law and from a historical perspective. Contrary to the views of certain Canadian provinces and several British M.P.’s, the author points out that viewed from the perspective of international law the U. K. Parliament has no right to look behind a request from the Parliament of Canada. Indeed, in terms of international law the British Parliament may well have a duty to pass automatically any such request, even if it involves an important constitutional amendment.Dans cet article, le sujet du rapatryement de la constitution est considéré du point du vue des lois internationales et dans une perspective historique. Contrairement à certaines provinces canadiennes ainsi que quelques membres du parlement Britannique, l'auteur nous fa it remarquer qu’au point de vue du décrés de la loi international, le gouvernement Britannique n’a aucun droit de chercher la raison d ’une demande faite par le parlement du Canada. Effectivement, le parlement Britannique pourrait avoir un devoir de passer automatiquement une demande même s’il crée un important changement constitutionel

Introduction: The Softwood Lumber Dispute

softwood lumber disput

The Niceties of Nickel -- Canada and the Production Ceiling Issue at the Law of the Sea Conference

This paper and panel discussion are part of the symposium entitled, Mining the Deep Seabed: A Range of Perspectives. This presentation discusses the legal and technical complexity of placing international limitations or ceilings on the production of nickel and manganese

Introduction: The Softwood Lumber Dispute

softwood lumber disput