Transnational Law Commons^™

The Usmca & United States-Canada Trade Relations: Ther Perspectives Of A U.S. Trade Practitioner, Terence P. Stewart, Shahrzad Noorbaloochi

Canada-United States Law Journal

After a 13-month-long negotiation process, the United States-Mexico-Canada Agreement was announced on Sept. 20, 2018 to replace the North American Freed Trade Agreement (NAFTA). This article discusses the implications of this transition on Canadian diary management, global excesses in steel and aluminum, softwood lumber, and reform in the World Trade Organization.

Cusli Experts' Roundtable Report On "Canada-United States Relations -- Looking Forward", Gabriella Marki, Jenna Russo

Canada-United States Law Journal

On Nov. 14, 2018, the Canada-United States Law Institute hosted an expert panel discussion on the subject of "Canada-United States Relations -- Looking Forward" in order to discuss the United States-Mexico-Canada Agreement (USMCA) that is projected to replace the North American Free Trade Agreement (NAFTA). The panelists examined USMCA negotiation and compared the USMCA to the NAFTA.

Proceedings Of The 42nd Canada-United States Law Instittue Annual Conference: Back To The Future - The Canada-United States Relationship At A Crossroads, Canada-United States Law Institute

Canada-United States Law Journal

Conference Speakers

Welcome and Opening

Ambassadors' and Ministers' Roundtable

Panel Discussion - The Current State of NAFTA

Distinguished Lecture - Mr. Lourenco Goncalves, CEO of Cleveland-Cliffs, Inc.

Panel Discussion - NAFTA and the Auto Industry

Panel Discussion - North American Dispute Resolution

Cusli Expert Roundtable Report On "Is There A Path Forward For North American Trade?", Sophie E. Bones, Dena Shayne

Canada-United States Law Journal

The following is a report of the Canada-United States Law Institute's November 2017 Experts Meeting held at the offices of Steptoe & Johnson LLP in Washington, D.C. The Meeting focused on the current state and future of the North American Free Trade Agreement.

Distinguished Panel: Face Off Or Fresh Start? International Trade In Times Of Turmoil, Terence P. Stewart, John M. Weekes, Allan Wm. Wolff

Canada-United States Law Journal

A panel discussion is presented between the speakers of Canada-United States Law Institute Conference including Terence P. Stewart, John M. Weekes, and Alan Wm. Wolff. Topics include Canada-U.S. trade relations; North American Free Trade Agreement (NAFTA); and efforts in establishing a Free Trade Agreement.

Panel Remarks: Canada, United States And European Union -- Out Of Sync On Trade Agreements? Or Are We Sympatico?, Juscelino Colares

Canada-United States Law Journal

The article offers on panel discussion regarding the cooperation of the U.S. and Canada on free trade issues and trade agreements; the expiration of the Softwood Lumber Agreement (SLA); and the status of the Trans-Pacific Partnership (TPP) in the U.S. Congress. Topics discussed include impact of interest rates on investment and economic activity, balancing effect of greater capital inflows that comes with trade deficits and concerns over the investor-state dispute settlement.

Transcanada Lawsuit Highlights Need To Scuttle Tpp, Jeffrey D. Sachs, Brooke Güven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

The Obama administration is still trying, against the odds, to push the Trans-Pacific Partnership trade and investment agreement (TPP) through the lame-duck session of Congress after the November presidential vote. The administration knows that TPP can’t pass before the election because both Hillary Clinton and Donald Trump oppose it; therefore, they are hoping for a stealth Senate vote between the election and inauguration of the new president in 2017.We can therefore “thank” TransCanada for reminding us why the TPP needs to be scuttled.

Expert Rountable Report On International Trade And North American Infrastructre, Expert Panel

Canada-United States Law Journal

No abstract provided.

Promise Utility Doctrine And Compatibility Doctrine Under Nafta: Expropriation And Chapter 11 Considerations, Freedom-Kai Phillips

Canada-United States Law Journal

No abstract provided.

Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In early October, prime ministerial candidate Justin Trudeau promised Canadians “a full and open public debate” on the Trans-Pacific Partnership. With 30 chapters that would bind Canada to sweeping agreements on everything from services to intellectual property to the environment to procurement, there is much to debate.

Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

Recent agreement among congressional leaders on a “fast-track” bill may have been a victory for the Obama administration’s trade agenda. However, members of congress should take a look at the recent Bilcon case, decided by a NAFTA tribunal, to understand what they are signing up for.

New Weaknesses: Despite A Major Win, Arbitration Decisions In 2014 Increase The Us’S Future Exposure To Litigation And Liability, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2014, the US continued its overall record of success in defending investment treaty claims. But it did suffer losses on a number of important issues, and those losses will render the US (and its treaty parties) vulnerable to future claims, litigation expense, and liability. The US’s recent losses, which have thus far been largely ignored in commentary on the US’s experiences in investment arbitration, are highlighted in this briefing note.

International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason

Pepperdine Dispute Resolution Law Journal

This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …

Canadian Food Law Update, Patricia L. Farnese

Journal of Food Law & Policy

Provided below is an overview of developments in Canadian food law and policy in 2010. This update primarily analyzes the regulatory and policy developments and litigation activities by the federal government. This focus reflects the significance of federal activities in the food policy realm.

Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell

UF Law Faculty Publications

Chapter 19 of the NAFTA transfers judicial review of U.S., Canadian, and Mexican government investigations under the controversial anti-dumping and countervailing duty (AD/CVD) laws from national courts to binational panels of private international law experts. The system stands as a unique surrender of judicial sovereignty to an international body, a hybrid of national courts and international dispute settlement with as yet no parallel in the world of international trade or other international law regimes. Binational panel decisions have been controversial because agencies chafe at their intimate examination of agency findings and supporting evidence. Panels also are viewed as substantially more …

Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

An Evaluation Of Current Legitimacy-Based Objections To Nafta's Chapter 11 Investment Dispute Resolution Process, Naveen Gurudevan

San Diego International Law Journal

The year 1994 saw the conclusion of a very important trilateral trade and investment treaty in North America: the North American Free Trade Agreement. Since then, this agreement has had a tremendous impact on the trading relations among the three signatory states-the United States, Canada, and Mexico. Of particular significance is Chapter 11, the Investment Chapter. One of the main objectives of Chapter 11 is to provide an effective means for the resolution of disputes between a foreign investor and the host government. To this end, it provides a mechanism whereby private parties can initiate arbitration proceedings against the host …

To The Yukon And Beyond: Local Laborers In A Global Market, Katherine V.W. Stone

Cornell Law Faculty Publications

This Article explores the possibilities for effective protection of labor rights in the emerging global labor market. It explores existing forms of transnational labor regulation, including both hard regulation, i.e., regulation by state-centered institutions, and soft regulation, i.e., regulation through private actors responding to market forces. The author finds that existing regulatory approaches are inadequate to ensure that the global marketplace will offer adequate labor standards to its global workforce. She proposes new approaches to global labor regulation, approaches that blend hard and soft law by reshaping market forces and embedding them in a regulatory framework that is protective of …

Discussion After The Speeches Of Greg Mastel And Bradly Condon, Discussion

Canada-United States Law Journal

No abstract provided.

Introduction: Nafta At Three-And-One-Half Years: Where Do We Stand And Where Do We Go, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Ewell Murphy, Lawrence Herman, And Beatrice Prati, Discussion

Canada-United States Law Journal

No abstract provided.

The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett

UF Law Faculty Publications

For discussion purposes, we have been asked to assume that the agreement entered into in October 1996 between the U.S. Department of Commerce (Commerce) and Mexican tomato exporters, which resulted in suspension of an antidumping investigation of tomatoes from Mexico, has ended. The new owner of many of Florida's winter vegetable producers, concerned with the continuing rise in market share represented by Mexican imports, is considering further action under the trade remedy and other laws. This article will discuss the potential role of the antidumping and countervailing duty laws in these deliberations, as well as the operation of the dispute …

Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Law And Labor In The New Global Economy: Through The Lens Of United States Federalism, Mark Barenberg

Faculty Scholarship

The heightened economic globalization of the last quarter century presents a welter of new questions for legal scholars, policymakers, and practitioners. In many specialized fields, lawyers and academics are reskilling in comparative and international law in response to the growing importance of the transnational linkages and competition facing economic and regulatory actors in the United States. Concurrently, dramatic economic and political "transitions" in Asia, Latin America, and Eastern Europe have created legal uncertainties and innovations that compound the challenges of transnationalization. Issues of labor and employment law are at the center of both of these epochal transformations – globalization and …