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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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Implications of the Trans-Pacific Partnership To Canadian Exporters and Importers

Implications of the Trans-Pacific Partnership To Canadian Exporters and Importers

  • June 04, 2015
  • Martha Harrison and Lisa Tan

Canada is participating in talks for the Trans-Pacific Partnership (TPP), one of the most ambitious trade and investment initiatives ever negotiated in the Asia-Pacific region. The twelve participating states represent a collective market of 792 million people and a combined GDP of $28.1 trillion (nearly 40 percent of the world economy). This article summarizes the potential implications of this agreement on Canadian businesses.

International Law
Does Sovereign Immunity Apply to a Plane "Fit for a King"?

Does Sovereign Immunity Apply to a Plane "Fit for a King"?

  • May 20, 2015
  • Christopher Kalantzis

In March 2015, the Ontario Superior Court of Justice denied a claim of sovereign immunity by the King of Swaziland in relation to an interlocutory injunction to impound the King's luxury jet at a hangar in Huron Park over a matter of a $3.5 million debt. This article by Christopher Kalantzis summarizes this idiosyncratic case that brought international law and royal intrigue to small town Ontario.

International Law
Corporate Social Responsibility and the Critical Role of the Lawyer

Corporate Social Responsibility and the Critical Role of the Lawyer

  • March 20, 2015
  • Graham Buitenhuis and Coco Chen

On February 5th, 2015 the OBA international Law Section hosted a joint program at the 2015 OBA Institute entitled “Corporate Social Responsibility (CSR) and the Critical Role of the Lawyer”. This article provides a summary of the key themes discussed during this lively session.

International Law
<em>Yaiguaje v. Chevron Corporation</em>: A Lesson in How Corporate Social Responsibility is Very Much about Law

Yaiguaje v. Chevron Corporation: A Lesson in How Corporate Social Responsibility is Very Much about Law

  • March 03, 2015
  • Warren Ragoonanan

As a follow-on to some of the themes discussed at the ILS' program at the 2015 OBA Institute on "Corporate Social Responsibility and the Critical Role of the Lawyer", in this article Warren Ragoonanan discusses the Yaiguaje v. Chevron case as an illustrative example of the importance of sound legal advice in crafting an effective Corporate Social Responsibility policy.

International Law
Report from the Chair on the OBA International Law Section's Lunch Program: "From BNP Paribas to Kiev – Recent Developments in Export Controls and Economic Sanctions"

Report from the Chair on the OBA International Law Section's Lunch Program: "From BNP Paribas to Kiev – Recent Developments in Export Controls and Economic Sanctions"

  • December 01, 2014
  • Orlando Silva

On Tuesday November, 10, 2014, the OBA International Law Section successfully hosted its first fall program of the year, titled “From BNP Paribas to Kiev - Recent Developments in Export Controls and Economic Sanctions”. The panel featured leading practitioners in the areas of Canadian and U.S. economic sanctions and export control rules who highlighted and provided invaluable insights into the host of recent developments and changes in these areas.

International Law
Customs Duty Liability on Imported Goods: Recent Customs Valuation Cases

Customs Duty Liability on Imported Goods: Recent Customs Valuation Cases

  • November 26, 2014
  • Greg Kanargelidis

The Canadian International Trade Tribunal has issued several decisions dealing with the customs valuation of imported goods within the last year that raise important issues for all importers in Canada. This article provides a summary of the Sketchers, Double J Fashion Group, Hudson's Bay Company, and Bluestein Enterprises decisions. These decisions demonstrate that assessments of additional duties over customs valuation issues can be avoided with proper advance planning.

International Law
WTO Rules and Sanctions on Russian Trade: An Opportunity to Review the Security Exception

WTO Rules and Sanctions on Russian Trade: An Opportunity to Review the Security Exception

  • October 20, 2014
  • Gordon LaFortune

In September 2014, the Russian Economy Minister commented to reporters that Russia is prepared to appeal the economic sanctions imposed against it to the WTO. In this article, Gordon LaFortune observes that if such a dispute occurs, it would present an opportunity for the WTO Dispute Settlement Body to set parameters of permissible actions under the GATT's national security exceptions.

International Law
The Promise (and Limitations) of the New Canada-China Investment Treaty

The Promise (and Limitations) of the New Canada-China Investment Treaty

  • October 15, 2014
  • Matthew Kronby, Milos Barutciski, and Jesse I. Goldman

This article discusses the opportunities presented by the newly in force Canada-China bilateral investment treaty, which establishes important rights and remedies for Chinese and Canadian investors, as well as the treaty's limitations.

International Law