• ILA-CANADA 1st Annual Conference in Partnership with the Nathanson Centre and Osgoode Hall Law School

    Participation of Indigenous Peoples in the UNDRIP Implementation in Canada-Prospects and Challenges in light of Parallel International Law September 21, 2018 Osgoode Hall Law School, York University Conference Program (Final version)

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  • Chevron Corp. v. Yaiquaje a case to assist with international debt enforcement

    Tim Law was called to the Ontario bar in 1991 and, after clerking to the judges of the Ontario Superior Court of Justice for one year, he joined a sole practitioner with whom he practiced for 2 years.  Tim then joined Heifetz, Crozier as counsel in 1994 and became a partner of Heifetz, Cozier, Law […]

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  • FIPA 3.0 after Bear Creek Mining: False Start or Failure of Canadian Approach?

    Charles-Emmanuel Côté is Full Professor at the Faculty of Law of Université Laval, in Quebec City, where he is also Co-Director of the Centre for International and Transnational Law (CDIT). He is a Senior Fellow at the Centre for International Governance Innovation (CIGI) and a lawyer called at the Barreau du Québec. His book on […]

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  • Intellectual Property Rights, the Blue Economy and Sustainable Development in Global Coastal Communities

    Marsha Simone Cadogan is a post-doctoral fellow in the International law research program at the Centre for International Governance Innovation. She has a PhD in intellectual property rights (Osgoode Hall Law School) and is called to the Bar of Ontario. Her interest include best uses of intellectual property as innovative development tools in diverse economies, […]

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  • Brexit update May 2018

    Professor de Mestral has recently retired from the Faculty of Law at McGill University where he was the Jean Monnet Chair in the Law of International Economic Integration.  Armand taught courses in the law of the sea, public international law, international trade law, international arbitration, the law of the European Community, and public international air […]

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  • Legal Counsel in Investment Treaty Arbitration: Does Background Matter?

    Jean-Philippe Herbert is a Dispute Settlement Lawyer in the Rules Division of the World Trade Organization (WTO). Before joining the WTO, Jean-Philippe Herbert worked in private practice in Canada, mainly in the field of international investment law, international trade law, and commercial dispute resolution. He holds law degrees in Civil Law (B.C.L.) and Common Law […]

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  • APPEL DE COMMUNICATIONS DE CONFÉRENCE

    Titre de la conférence : La participation des peuples autochtones à la mise en œuvre de la DNUDPA au Canada – Perspectives et défis à la lumière du droit international parallèle Date de la conférence : le 21 septembre 2018 Lieu : Osgoode Hall Law School de l’Université York, salle/s à déterminer Date limite de […]

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  • Appel à articles

    L’Association de droit international (Canada) invite les articles originaux et inédits, les nouvelles et les critiques de livres à être publiés dans son bulletin d’information du printemps 2018. Directives de soumission : Nombre de mots : Les articles devraient avoir une longueur maximale de 1 000 mots. Sujet : Tout sujet en lien avec le […]

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  • 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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