Articles

About Articles The following articles are published by the International Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Elena Mamay

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Implementation Day for the P5+1 Iran Nuclear Agreement: What It Means for Canadian and International Businesses

Implementation Day for the P5+1 Iran Nuclear Agreement: What It Means for Canadian and International Businesses

  • January 19, 2016
  • Milos Barutciksi, Matthew Kronby and Jessica Horwitz

January 16, 2016 marked "Implementation Day" for the historic nuclear non-proliferation and sanctions reduction agreement between the P5+1, the European Union, and the government of Iran. Canadian companies are poised to become significant players in Iranian markets, provided that the government of Canada takes prompt action to amend its Iran sanctions program to level the playing field for Canadian businesses competing with foreign companies for these new opportunities.

International Law
Evidentiary Problems with Threat of Injury Findings in Canadian Trade Remedy Cases

Evidentiary Problems with Threat of Injury Findings in Canadian Trade Remedy Cases

  • January 15, 2016
  • Jesse Goldman and Laura Murray

The recent proliferation of affirmative threat of injury findings by the Canadian International Trade Tribunal (CITT) indicates problems with the CITT's approach to its threat of injury analyses. The CITT's findings are vulnerable to challenge and being determined by the WTO Dispute Settlement Body to violate Canada's international obligations. In this article, Jesse Goldman and Laura Murray of Bennett Jones discuss the details of this concerning trend.

International Law
Call for Pro Bono Support: The Syrian Refugee Crisis

Call for Pro Bono Support: The Syrian Refugee Crisis

  • December 14, 2015

The University of Ottawa's Refugee Sponsorship Support Program is looking for additional local lawyers to provide pro bono support to refugee sponsor groups navigating the refugee sponsorship process. Pro bono lawyers will be provided with expert-led training on the Canadian private refugee sponsorship process as well as ongoing resources such as a refugee sponsorship lawyer manual and access to an online expert forum. This article provides details about the program and how to get involved.

Shining a Light on Solar Panels: Government Promotion of Renewable Energy Leads to Trade Disputes and Trade Remedies

Shining a Light on Solar Panels: Government Promotion of Renewable Energy Leads to Trade Disputes and Trade Remedies

  • December 08, 2015
  • Geoffrey Kubrick and Jamie Wilks

In July 2015, Canada imposed anti-dumping and countervailing measures on future imports of Chinese solar panels because of a threat of injury to Canadian producers. Ironically, a WTO panel recently found that solar panel producers in Ontario benefitted from unfair trade practices under Ontario's Feed-In-Tariff Program. In the high stakes trade war over alternative energy production sourcing, stakeholders have sought to take advantage of various trade remedy levers available to them.

Procurement Commitments Under International and Domestic Trade Agreements: A Summary

Procurement Commitments Under International and Domestic Trade Agreements: A Summary

  • November 26, 2015
  • Sheena Singh

On October 22nd, 2015, the OBA International Law section hosted a program featuring remarks from Member Jean Bédard of the Canadian International Trade Tribunal (CITT) and Ben Mills, senior partner at Conlin Bedard LLP, and moderated by Michael Solursh, Counsel for the Legal Services Branch of the Ministry of Citizenship, Immigration and International Trade of Ontario. This article provides a summary of some of the key points discussed at this session.

International Law
Health Care for Refugees in Canada: Recognizing International Human Rights

Health Care for Refugees in Canada: Recognizing International Human Rights

  • October 20, 2015
  • Jerico Espinas

Canadians have expressed a revitalized interest in the plight of refugees in recent weeks, precipitated by tragic photos depicting the Kurdi family's attempted escape from Syria. However, there is only some discussion of challenges that refugees face after they arrive in Canada. One of these challenges is access to health care. This issue was addressed recently by the Federal Court, which applied international legal principles in tackling a constitutional question.

International Law
Seeking Canadian Lawyers to Help Entrepreneurs in Africa: The Canada-Africa Women's Business Mentorship Network

Seeking Canadian Lawyers to Help Entrepreneurs in Africa: The Canada-Africa Women's Business Mentorship Network

  • October 20, 2015
  • Lisa Tan

"I want to give you a potato." When I saw the message, my eyes started to tear up because I knew that giving me a bowl of cooked cassava was their way of showing gratitude for all the help I had given them and their restaurant business. As lawyers, we have been trained to think critically and ask questions. Unfortunately, these are not components that have been present in public education in Tanzania. But there are ways we can help.

International Law
Access to Justice in International Tort Cases: <em>Chevron Corporation v Yaiguaje</em>

Access to Justice in International Tort Cases: Chevron Corporation v Yaiguaje

  • September 21, 2015
  • Kimberley Byers and Sophie Chiasson

Kimberley Byers and Sophie Chiasson provide an overview of the Supreme Court of Canada's recent jurisdictional decision in Chevron Corporation v Yaiguaje (2015 SCC 42) and the implications of the decision for human rights and access to justice.

International Law