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42. Investor-State Arbitration Between Developed Democratic Countries
- Author:
- Armand de Mestral
- Publication Date:
- 09-2015
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- Investor-state arbitration (ISA), also known as Investor-State Dispute Settlement (ISDS), by which a foreign investor is entitled to sue a state for damages resulting from the alleged violation of an applicable bilateral investment treaty or an investment chapter in a regional trade agreement, has come under scrutiny in many parts of the world. But in no countries has it been subject to greater scrutiny and challenge than in developed democracies. First in Canada and the United States as a result of the adoption of NAFTA Chapter 11, subsequently in the European Union as a result of the adoption of the International Energy Charter, and latterly in other countries such as Australia, critics have alleged that ISA grants an undue privilege to foreign investors whose complaints should be heard by domestic courts instead of panels of international arbitrators. Availability of ISA is in fact worldwide, due to a network of more than 3,200 investment treaties; criticisms have been voiced in different parts of the world and various proposals for change have been made. The criticisms in developed democracies have become sufficiently strong for it to be necessary to raise the question of whether recourse to ISA is appropriate in any form in developed democracies. Armand de Mestral’s paper is the first in the Investor-State Arbitration project. The series of papers will be prepared by leading experts from a number of developed democracies. Each will review the experience of ISA within specific jurisdictions, with a view to understanding the debates that have occurred in each one. The focus of the debate is on developed democracies, but the implications for the whole international community are very much in mind.
- Topic:
- Development, Energy Policy, Treaties and Agreements, Bilateral Relations, Foreign Direct Investment, and Democracy
- Political Geography:
- United States and Canada
43. Submission to Ontario’s Climate Change Discussion Paper 2015
- Author:
- Oonagh Fitzgerald, Karima Bawa, David Estrin, Kent Howe, Dean MacDougall, Myra J. Tawfik, Basil Ugochukwu, and Bassem Awad
- Publication Date:
- 04-2015
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- The International Law Research Program (ILRP) of the Centre for International Governance Innovation (CIGI) congratulates the Province of Ontario’s Ministry of the Environment and Climate Change for launching a province-wide public consultation process — Ontario’s Climate Change Discussion Paper 2015 — in relation to an issue of global importance and urgency for Ontarians and Canadians alike, at a time when nations need to galvanize their subnationals, climate experts, civil society, business and industry to commit to intended nationally determined contributions (INDCs) to reduce carbon emissions and mitigate the effects of climate change. The CIGI ILRP is optimistic that through this provincial consultation process and implementation of the best ideas it generates, as well as through Ontario’s initiatives undertaken in collaboration with other provinces and foreign subnationals, Canadians will be able to prove to the world our commitment to make a meaningful contribution to achieving an ambitious, verifiable and enforceable international agreement on climate change in December 2015 in Paris. By proactively addressing climate change now, the Government of Ontario positions this province, its citizens, universities and businesses to be innovators for sustainable prosperity rather than victims of global environmental and economic crisis.
- Topic:
- Civil Society, Climate Change, Economics, Energy Policy, Environment, Markets, and Natural Resources
- Political Geography:
- Canada
44. The Arctic Council Leadership Merry-go-round: Words of Advice as the United States Assumes the Arctic Council Chairmanship
- Author:
- Jennifer Spence
- Publication Date:
- 01-2015
- Content Type:
- Policy Brief
- Institution:
- Centre for International Governance Innovation
- Abstract:
- In April 2015, Canada will hand the chairmanship of the Arctic Council to the United States. As the chair, the United States will have an opportunity to shape the priorities of the Arctic Council for the next two years and communicate its vision for the future of the circumpolar region. In anticipation of acquiring this leadership role, the United States first provided a sense of its vision for the chairmanship on September 30, 2014 in Washington, DC, during the Passing the Arctic Council Torch conference supported by the Center for Strategic and International Studies and the Centre for International Governance Innovation.
- Political Geography:
- United States, Washington, and Canada
45. The Risk of OTC Derivatives: Canadian Lessons for Europe and the G20
- Author:
- Chiara Oldan
- Publication Date:
- 02-2015
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- Over-the-counter (OTC) derivatives played an important role in the buildup of systemic risk in financial markets before 2007 and in spreading volatility throughout global financial markets during the crisis. In recognition of the financial and economic benefits of derivatives products, the Group of Twenty (G20), under the auspices of the Financial Stability Board (FSB), moved to regulate the use of OTC derivatives. Although a number of scholars have drawn attention to the detrimental effects of the United States and the European Union (EU) to coordinate OTC reform, this overlooks an important aspect of the post-crisis process: the exemption of non-financial operators from OTC derivative regulatory requirements. Critically, they remain exempt under existing legislation regardless of the risks they continue to pose through unreported trades and counterparty risks to financial firms; there is still uncertainty around the pricing of derivatives (i.e., model risk) for non-financial operators that could pose a risk to the financial system. Nevertheless, the lack of coordination between the United States and European Union is detrimental for consistency and coherence among financial sectors. These, and similar inconsistencies in financial regulation, pose risks of conflict and fragmentation that should soon be addressed by the G20. The paper concludes by discussing what lessons can be learned from Canada, after it successfully avoided the worst of the crisis and contained the systemic risks posed by OTC derivatives before and after it.
- Political Geography:
- United States, Europe, and Canada
46. Canada's Coming Property Insurance Crisis
- Publication Date:
- 03-2015
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- In many areas across Canada, climate change will erode the conditions necessary for property insurance to remain available and affordable. This policy brief looks at the challenges facing the insurance system and presents policy recommendations aimed at sustaining and maximizing the insurance system and its benefits.
- Topic:
- Climate Change
- Political Geography:
- Canada
47. Facing West, Facing North: Canada and Australia in East Asia
- Author:
- Leonard Edwards and Peter Jennings
- Publication Date:
- 02-2014
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- Canada and Australia have shared interests in bolstering economic prosperity and security cooperation across East Asia. The focus of the world economy has shifted to Asia; Canada should follow the path Australia has taken for decades and orient itself — in economic and security terms — toward the emerging economies of East Asia. The risk of regional instability is growing, however, due to China's re-emergence, continued speculation about US strategic engagement in Asia and increased competition over disputed maritime boundaries. These developments provide opportunities for collaboration between countries like Canada and Australia. Non-traditional security threats, including natural disasters, climate change, food security and cyber security, point to a range of areas where the two countries can work more closely together.
- Topic:
- Security, Diplomacy, Economics, International Trade and Finance, Bilateral Relations, and Governance
- Political Geography:
- America, Canada, and Australia
48. Boxing with Elephants: Can Canada Punch above Its Weight in Global Financial Governance?
- Author:
- James M. Boughton
- Publication Date:
- 03-2014
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- Canadians have long harboured a desire to "punch above their weight" in international diplomacy, an aspiration justified by Canada's position in the world both geographically and culturally. This paper examines one aspect of that effort: Canada's role in international financial governance, particularly within the International Monetary Fund. The key issue for the future is whether Canada will continue to have the capacity and the will to take leading positions and actions in the face of increasing competition from the rapidly growing emerging market countries.
- Topic:
- Economics, Emerging Markets, International Trade and Finance, International Monetary Fund, and Governance
- Political Geography:
- United States and Canada
49. The Big Break: The Conservative Transformation of Canada's Foreign Policy
- Author:
- John Ibbitson
- Publication Date:
- 04-2014
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- The foreign policy of the Harper government has been called ideologically conservative, incoherent, a betrayal of a proud foreign policy tradition, and worse. The critics have a point, in that the Conservative view of Canada in the world represents a transformation from all that has gone before. But that transformation — that “big break” — disrupts an approach to foreign policy that was already under great stress. In fact, the arc of Canadian foreign policy from the end of World War II to the present can be divided into four periods: a period of Laurentian coherence, when the political, academic, bureaucratic and media elites living in the cities encompassed by the St. Lawrence River watershed formulated and implemented Canada's postwar approach to engaging the world; Laurentian incoherence, when that approach began to unravel due to both internal and external pressures; Conservative incoherence, when the Harper government tried — but often failed — to impose its own approach; and Conservative coherence, in which the Harper government has become increasingly sure-footed in its handling of diplomatic issues. Future governments may seek to reverse this Conservative reversal of the Laurentian approach, but given the breadth and depth of the Conservative coalition, at least some of the big break is likely endure.
- Topic:
- International Relations, Foreign Policy, and Reform
- Political Geography:
- Canada and North America
50. Crying over Spilt Milk: The History of Dairy Supply Management and Its Role in Recent Trade Negotiations
- Author:
- Bruce Muirhead
- Publication Date:
- 04-2014
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- Canada's system of dairy supply management, where domestic supply is matched with domestic demand, has come under fire in recent years, criticized for being a regulated model in an increasingly deregulated world. This background paper explores the historical evolution of dairy in Canada, and why supply management was eventually implemented in the 1960s, bringing rationality and organization to an industry where none had existed before. It also examines the role of international trade negotiations, largely sponsored by the General Agreement on Tariffs and Trade (GATT) and, after 1995, by the World Trade Organization (WTO), in addressing issues of agricultural protectionism and exceptionalism. It was not until the Uruguay Round (1986–1993), however, that agriculture was included in these negotiations, as neither the European Union (and its antecedents) nor the United States demonstrated any interest. While Uruguay was a tentative beginning, the subsequent Doha Round has dissolved over agricultural problems. In all these venues, supply management has been protected by Canadian governments, but rising international pressure has led Canada to begin to reconsider its support, especially as bilateral trade negotiations and partners are unequivocally opposed to dairy supply management.
- Topic:
- Agriculture, Economics, International Trade and Finance, World Trade Organization, and Bilateral Relations
- Political Geography:
- Canada and North America