Category: International Trade

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From Israel to Canada: New Tax Treaty to Help Structure Investments

January 23, 2017

On December 21, 2016, the new Canada–Israel tax treaty entered into force. The new treaty was signed on September 21, 2016 in New York, and replaces the existing treaty that dates from 1975. For most purposes, the provisions of the new treaty took effect as of January 1, 2017. Overall, the new treaty modernizes the rules applicable to Israeli investments…

Dispute Resolution under CETA: A New Investment Court for Canada and Europe

December 15, 2016

Canada and the European Union recently signed the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), which establishes a new tribunal, called the Investment Court System, to resolve investor-state disputes. CETA’s rules on investor-state dispute settlement contain numerous innovations that distinguish the agreement from existing investment treaties. The new tribunal and rules could be a model for future international agreements…

The CETA Saga: Can Final Negotiations Save the Agreement?

October 25, 2016

The road to completion of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union has been a rough ride since negotiations began in 2009, and it did not get any smoother in October 2016, when the French-speaking region of Wallonia in Belgium declared it could not accept the agreement. It took five years of negotiations before…

ICSID Tribunal: State Imposed Tobacco Control Measures Do Not Violate Investment Treaty Obligations

July 27, 2016

The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently released its decision in Philip Morris v. Uruguay, holding that tobacco control regulations implemented by a state to protect public health do not violate the state’s investment treaty obligations. The decision comes six years after Philip Morris Brand Sàrl (PMB), Philip Morris Products S.A. (PMP) and Abal Hermanos S.A….

The Great Canadian Beer Run: New Brunswick Court Strikes Down Restrictions on Free Trade as Unconstitutional

May 31, 2016

Surely there can be no dispute more Canadian than Gérald Comeau’s constitutional challenge to laws preventing him from bringing a few cases of Quebec beer into New Brunswick. Mr. Comeau’s challenge not only succeeded; it threatened to upset 95 years of precedent in Canadian constitutional law. In a case widely followed in national media, the Provincial Court of New Brunswick…

A Primer on Canadian Sanctions Legislation

April 7, 2016

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in many ways a trading nation, and many Canadian businesses have ties elsewhere, sanctions laws have a significant impact not only on the target countries but also on Canadian…

Legal Trends 2016: International Trade

February 27, 2016

ONE | TPP, FREE TRADE AND INVESTMENT AGREEMENT While 2015 saw numerous international trade and investment developments, the year’s biggest story was the October completion of negotiations on the Trans-Pacific Partnership (TPP). The TPP is an ambitious economic and free trade agreement between Canada and 11 other countries — including the United States, Australia and Japan — who represent one-third…

Legal Trends 2016: China

February 22, 2016

ONE | CHINA-LISTED FIRMS BECOMING BUYERS Buyers listed on the Shanghai and Shenzhen stock exchanges will become more active in the international M&A marketplace in 2016, creating new avenues for liquidity for Canadian investors and new challenges for Canadian dealmakers. Despite a well-publicized correction in June and ongoing volatility through the second half of 2015, China’s stock markets continue to…

There’s No Place Like Home: CITT Rules Hotels Are Not Domestic Settings

February 18, 2016

Whether an imported good is for “domestic” or for “other” purposes is an important distinction for customs because importers of goods “for domestic purposes” must pay customs duties ranging from eight per cent to 9.5 per cent of the declared value of the goods, while goods for “other” purposes are duty-free when imported into Canada. This distinction is found at…

First Step to Re-engagement: Canada Rolls Back Iranian Sanctions

February 8, 2016

In an abrupt reversal of the trend of increasing sanctions against Iran, which Canada has followed since 2011, the Government of Canada announced on February 5, 2016, that it would be implementing significantly less stringent restrictions against trade with, and investment in, Iran. The announced amendments to the regulations that impose Canadian sanctions against Iran under the Special Economic Measures…

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