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A Canadian Perspective on Fifty Years of International Economic Law
In: Forthcoming (2023) 46 Dalhousie Law Journal
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State-to-state Dispute Settlement under the USMCA: Better than NAFTA?
In: Festchrift in Honour of Professor Stephen T. Zamora (Houston: Arte Publico, submitted, 2019, Forthcoming).
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Can International Investment Agreements Be Instruments of Sustainable Development? Systemic Capacity Challenges for Developing Countries
In: Building Legal Capacity for a More Inclusive Globalization: Barriers to and Best Practices for Integrating Developing Countries into The Maze of Global Economic Regulation, Joost Pauwelyn and Mengyi Wang, eds (Georgetown Law and The Graduate Institute Geneva, TradeLab e-Book, 2019).
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Sustainable Development Provisions in International Trade Treaties
In: Shifting Paradigms in International Investment Law, S. 142-176
Investor-State Dispute Settlement in CETA: Is It the Gold Standard?
In: C.D. Howe Institute Commentary No. 459
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Working paper
Canadian Investment Treaties with African Countries: What Do They Tell Us About Investment Treaty Making in Africa?
In: Society of International Economic Law (SIEL), Fifth Biennial Global Conference Working Paper No. 2016/23
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Working paper
The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context. By Todd Weiler. Leiden: Martinus Nijhoff, 2013. 526 pages
In: The Canadian yearbook of international law: Annuaire canadien de droit international, Band 51, S. 631-638
ISSN: 1925-0169
NAFTA's Approach to Public Services
In: Ottawa Faculty of Law Working Paper No. 2014-01
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Working paper
Could an intergovernmental agreement increase the credibility of Canadian treaty commitments in areas within provincial jurisdiction?
In: International journal / CIC, Canadian International Council: ij ; Canada's journal of global policy analysis, Band 68, Heft 4, S. 536-544
Canada's federal government has exclusive authority to commit Canada to international treaties, but, under the Canadian constitution, compliance with treaty obligations that extend into areas of provincial competence is solely within provincial jurisdiction. As well, while Canada is responsible to its treaty partners if provinces act contrary to Canada's obligations, the provinces are not directly accountable. The absence of a direct legal requirement to fulfil treaty obligations means that incentives for provincial compliance are weakened and, in turn, that the reliability of Canadian obligations relating to matters within provincial jurisdiction is diminished. This paper explores the prospects for using an intergovernmental agreement to address the gap between provincial action and federal responsibility. While such an agreement could express each province's commitment to comply with Canadian treaty obligations, intergovernmental agreements have some inherent weaknesses that make them an imperfect commitment device.
A Critical Look at the Prospects for Robust Rules for Services in Preferential Trading Agreements
In: Legal issues of economic integration: law journal of the Europa Instituut and the Amsterdam Center for International Law, Universiteit van Amsterdam, Band 39, Heft 1, S. 29-49
ISSN: 1566-6573, 1875-6433
The negotiation of market access commitments and rules for services trade faces a number of daunting challenges that are an inherent consequence of the fact that many barriers to services trade are embedded in domestic regulation. The result, so far, has been that international services commitments are relatively weak. The challenges to negotiating stronger commitments include convincing private sector interests that services commitments will benefit them and the difficulty of constructively engaging domestic regulators in negotiations, especially where they are associated with subordinate levels of government. To the extent that negotiating countries have close proximity in terms of geography, trade and investment relationships, common culture, language, and legal traditions, as well as similar regulatory goals and approaches, these challenges may be lessened. These factors are present to varying degrees among developed countries. In the current Canada-Europe negotiations, for example, the presence of significant export interests, long experience with trade negotiations, well-developed regulatory schemes, and a history of regulatory cooperation all support a relatively robust outcome in services commitments and rules. The role played by subordinate levels of government and regulators, however, as well as differences in approaches to the architecture of trade agreements will be challenges for the negotiators.
NAFTA Chapter 11: 'Canada' in The Legal Protection of Foreign Investment: A Comparative Study
In: J. Anthony VanDuzer, "Canada" in The Legal Protection of Foreign Investment: A Comparative Study, Wenhua Shan, ed., (Oxford and Portland: Hart Publishing, 2012) 173-240
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A Critical Look at the Prospects for Robust Rules for Services in Preferential Trading Agreements
In: J. Anthony VanDuzer, "A Critical Look at the Prospects for Robust Rules for Domestic Regulation of Services in Preferential Trading Agreements" (2012) 39 Legal Issues of Economic Integration 29-49.
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Book Review, Sustainable Development in World Investment Law
In: (2012) 3 IUCN International Academy of Environmental Law eJournal 268-272
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Redefining Sovereignty in International Economic Law. Edited by Wenhua Shan, Penelope Simons, and Dalvinder Singh. Oxford and Portland, OR: Hart Publishing, 2008. 470 pages
In: The Canadian yearbook of international law: Annuaire canadien de droit international, Band 46, S. 775-784
ISSN: 1925-0169