• The Commonwealth’s International Cooperation Vs. Seychelles’ Challenges in Implementing Industrial Property Law.

    – By Ramesh Bikram Karky, SJD – In the picture: CFTC Technical Advisor and Expert with IP Staff Members Seychelles is the most advance island country in African continent. Seychelles has become WTO Member in April 2015, and the WTO membership has brought many opportunities and obligations to Seychelles. Seychelles is under obligation to bring […]

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  • Water and Constitutional Reform: The Example of Uruguay

     – By: Stavros Tasiopoulos – PhD (c) in Public Law/International Law, Athens Law School Photo by: Douglas Pfeiffer Cardoso https://www.flickr.com/photos/dpfeiffercardoso/   The upcoming constitutional reforms in Greece present a timely opportunity to establish the right to water as a human right, based on the example of Uruguay and the 2004 constitutional reforms that took place […]

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  • Reform of Investment Treaty Arbitration in CETA: A Laudable Initiative to Establish a Multilateral Investment Court

    – By Jean-Philippe Herbert – Photo by: European Parliament https://www.flickr.com/photos/european_parliament/   On May 16, 2017, Bill C-30 –the proposed legislation to implement the Canada-EU Comprehensive Economic and Trade Agreement (CETA) at the federal level– received Royal Assent by Canada’s Governor General.  While this sets in motion the provisional application of CETA domestically and complements the […]

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  • Canadian country visit of the Working Group on Business and Human Rights, and the work of the ILA Study Group on Business and Human Rights

    – By Sara L. Seck – Associate Professor, Dalhousie Schulich School of Law; Senior Fellow, CIGI ILRP Photo by: Alex L’aventurier https://www.flickr.com/photos/60179651@N03/ In 2011, the United Nations (UN) Human Rights Council unanimously endorsed Guiding Principles on Business and Human Rights (UNGPs, available here). A polycentric governance framework comprised of three interdependent pillars, the UNGPs provide […]

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  • Brexit: Where to next for North Atlantic Trade Relations? A plea for AFTA

     – By Armand de Mestral C.M. – Emeritus Professor of Law McGill University Photo by: Larry Mills https://www.flickr.com/photos/96498349@N08/ The Rubicon appears to have been crossed by the UK Government and exit and re-entry negotiations with the EU must soon begin. What form should they take? The current assumption is that the UK must agree on […]

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  • Bilateral, Regional, Plurilateral or Multilateral Approach for Resolving Trade Disputes. What is Better? Are these Approaches Mutually Exclusive?

     – By Gabrielle Marceau – Photo By: Steven Taylor. https://www.flickr.com/photos/sltaylor Countries are always looking for ways and means to enhance integration and improve relations with their neighbours. This has always been the case and has formed the basis of international trade. Since 1947 this reality was given due recognition by the drafters of the General […]

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  • Special Criminal Court: A way forward for Central African Republic?

    – By : Ritu Gambhir – Conflict-ridden, the Central African Republic (“CAR”) is considered one of the worst countries in the world to live in. On human development and happiness indexes, CAR ranks last, well below countries like Syria.[1] Yet, as journalists Marcus Bleasdale and Peter Gwin said in a multimedia story in the National […]

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  • Is There Still Hope of an Exit from Brexit?

    – By : Oonagh Fitzgerald –   The decision of the UK Supreme Court in the Miller case[1] put to rest an important debate about who, under British constitutional law, had the authority to issue the notice under article 50 of the Treaty for European Union,[2] which would formally commence the withdrawal by the United […]

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  • What Does Brexit Mean for Canada? A Lot, Unfortunately

    – By : Armand de Mestral –   The Ides of March have come and gone. With a hand-delivered letter to Brussels, Prime Minister Theresa May has served notice under article 50 of the Treaty on European Union (TEU) of Britain’s intention to withdraw. “Thank you and goodbye” was the simple reply of Donald Tusk, […]

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  • When Domestic Law Fails Women, Treaties Are a Tool

    – By : Oonagh Fitzgerald –   When Sandra Lovelace returned to the Tobique First Nation following the end of her marriage, the Maliseet woman found herself and her children cut off from services and stripped of her Indigenous status under Canadian law because she had been married to a non-Indigenous man. The path to […]

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  • How Middle Powers Can Shore up Trading System

    – By : Oonagh Fitzgerald, Hector R. Torres –   Donald Trump’s presidency is posing fundamental challenges to the rule-based international trading system that has buttressed global growth for decades. But while America’s protectionist maneuverings threaten a global trading regime based on legal norms, they may also, paradoxically, help to reform it. That is because […]

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  • Reality Dawns as Brexit Law Passed

    – By : Armand de Mestral –   he reality of the challenges before the United Kingdom concerning Brexit appears to be gradually sinking in. Legislation authorizing the Brexit notice under article 50 of the Treaty on European Union (TEU) has passed Parliament. A sobering government White Paper on Brexit is also in circulation. The […]

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  • We Need a Trade Pact for All North Atlantic Countries

    – By : Armand de Mestral –   A warm welcome in Strasbourg for the first Canadian leader to address the European Parliament is a fitting way to mark the approval this week of a pact that was — for fleeting moments — thought to be in peril. The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is […]

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  • Middle Powers Can Lead in Trump Era

    – By : Oonagh Fitzgerald, Hector Torres –   Donald Trump’s election win on the slogan “Making America Great Again” presents some fundamental challenges to the cooperative, law-based international trading system. Merely preserving some of the accomplishments of the last century of international diplomacy and negotiation may be challenging. However, these challenges also present opportunities […]

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  • Make America Green Again

    – By : Oonagh Fitzgerald –   The delegates to the world’s annual United Nations climate change negotiation may be some of the least enthusiastic about the results of the US presidential election. But, being diplomats, they are discrete in expressing their opinions. Bleary eyes betrayed a sleepless and anxious night for many and now a collective […]

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  • Don’t Abandon Investor-State Arbitration, Reform It

    – By : Armand de Mestral –   In a recent opinion piece, my CIGI colleague David Schneiderman called for Canada to abandon its support for investor-state arbitration (ISA) in international investment protection agreements. He hailed the opposition to ISA by the Wallonian Parliament and the decision of the EU to separate ISA from the […]

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  • Consent by any other name… still means consent

    – By: Dr Konstantia Koutouki –   In international law, or elsewhere for that matter, an agreed upon definition of FPIC does not seem to exist. This has given rise to a debate as to the interpretation of “consent”. On one hand it is argued that it really means consultation plus. The plus referring to […]

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  • EU Should have Told Canada it was Moving the Goal Posts

    – By : Armand de Mestral, Markus Gehring –   Canadians have been surprised to learn that the EU-Canada Comprehensive Economic and Trade Agreement (CETA) might not, after seven years of negotiations, be signed on Oct. 27 by Prime Minister Justin Trudeau in Brussels as planned. The reason? Canada has just been informed that as […]

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  • Le droit international entre patrimoine culturel, droits humains et criminalité. La Conférence de Washington « Intersections in International Cultural Heritage Law », 29-30 mars 2016

    – By : Caecilia Alexandre –   La condamnation récente d’Ahmad Al Mahdi par la Cour pénale internationale pour avoir entrepris intentionnellement la destruction à Tombouctou de biens culturels et religieux protégés par l’UNESCO[1] offre un nouveau visage au droit international[2]. Pour la première fois la Cour s’intéresse aux attaques portées au patrimoine culturel[3], unissant ainsi […]

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  • La Cour suprême de la Colombie-Britannique permet la tenue d’un procès civil contre une entreprise minière Canadienne pour des présumées violations de droit international coutumier en outre-mer

    – By : Nature de Destin Andosmoui –   Depuis le 6 octobre 2016, la Cour suprême de la Colombie-Britannique a ouvert la voie à un procès civil pour esclavage moderne contre la compagnie Canadienne Nevsun Resources Limited, actionnaire majoritaire de la mine de Bisha, incorporée en vertu des lois de la Colombie-Britannique et dont le […]

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  • Aviation Emissions Resolution is Litmus Test for Carbon Pricing

    – By : Armand de Mestral, Markus Gehring –   Airplanes in international flight are responsible for at least 2 per cent of global greenhouse gas emissions – a considerable volume given that it’s the only form of emissions delivered directly at high altitude into the atmosphere. Even more worrisome is the fact that this […]

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  • A Real Inclusive Trade Agenda Could Aid Gender Equality

    – By : Oonagh Fitzgerald –   After the World Trade Organization (WTO) celebrated twenty years of achievements in 2015, this year’s WTO Public Forum is dedicated to the theme of inclusive trade, and will consider “how women can participate more fully in international trade and how they can overcome the constraints preventing them from […]

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  • Shishmaref Votes to Relocate: As Coastlines Recede, Climate Change Adaptation Seems Inevitable

    – By: Oonagh Fitzgerald –   Friday’s announcement that the Inupiat village of Shishmaref, Alaska, has voted to relocate to higher ground after losing “2,500 to 3,000 feet of land to coastal erosion” over the past 35 years is a worrying reminder of the impact climate change is already having on our planet.  While many […]

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  • Keep Calm to Address the International and Domestic Law Issues Raised by Brexit

    – By : Oonagh Fitzgerald –   Just half a year after the 800th anniversary celebration of Magna Carta 1215 , is it time for English, Scottish and Northern Irish men, women and children to assert their rights as European citizens? A referendum held in the UK last Thursday threatens to deprive them of what […]

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  • Albany Can Solve the World’s Sovereign Debt Crisis

    – By : Oonagh Fitzgerald, Steven L. Schwarcz –   In recent years, many countries — including Greece, Argentina and Ukraine — have found themselves indebted beyond their ability to pay. Argentina may now be on the brink of resolving a decade-long dispute with some of its creditors, but its predicament highlights a fundamental problem of […]

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