SUSTAINABLE DEVELOPMENT
IN WORLD INVESTMENT LAW
An International Legal Experts Seminar & Book Launch Reception
10:00am - 7:00pm / 7 May 2011
Lauterpacht Centre for International Law (LCIL), University of Cambridge, UK
Saturday, April 30, 2011
May 7th,2011,SUSTAINABLE DEVELOPMENT
SUSTAINABLE DEVELOPMENT
IN WORLD INVESTMENT LAW
An International Legal Experts Seminar & Book Launch Reception
10:00am - 7:00pm / 7 May 2011
Lauterpacht Centre for International Law (LCIL), University of Cambridge, UK
international investment agreements and a growing number of arbitrations. The European
Union is committed to sustainable development, and has just recently gained
jurisdiction over investment law, which may lead to new investment treaty negotiations
with partner countries. Several new legal research initiatives are also being
launched. What are the next steps for sustainable development in investment treaties,
in arbitrations, and in other international regimes? What is new in this field, at
key areas of overlap? What legal research is overdone, and what more is needed?
What are the challenges and opportunities?
Through three legal experts panels, and a roundtable of leading figures in investment
law, practitioners and scholars will discuss new developments and directions
for investment treaty practice and jurisprudence, and identify key areas for a future
legal research agenda for sustainable development and investment law. The event
will close with a Book Launch Reception for MC Cordonier Segger, M Gehring & A
Newcombe (eds.), Sustainable Development in World Investment Law (Kluwer Law
International, 2010), to which Seminar speakers and participants contributed.
For more information or to confirm participation, email akent@cisdl.org
IN WORLD INVESTMENT LAW
An International Legal Experts Seminar & Book Launch Reception
10:00am - 7:00pm / 7 May 2011
Lauterpacht Centre for International Law (LCIL), University of Cambridge, UK
international investment agreements and a growing number of arbitrations. The European
Union is committed to sustainable development, and has just recently gained
jurisdiction over investment law, which may lead to new investment treaty negotiations
with partner countries. Several new legal research initiatives are also being
launched. What are the next steps for sustainable development in investment treaties,
in arbitrations, and in other international regimes? What is new in this field, at
key areas of overlap? What legal research is overdone, and what more is needed?
What are the challenges and opportunities?
Through three legal experts panels, and a roundtable of leading figures in investment
law, practitioners and scholars will discuss new developments and directions
for investment treaty practice and jurisprudence, and identify key areas for a future
legal research agenda for sustainable development and investment law. The event
will close with a Book Launch Reception for MC Cordonier Segger, M Gehring & A
Newcombe (eds.), Sustainable Development in World Investment Law (Kluwer Law
International, 2010), to which Seminar speakers and participants contributed.
For more information or to confirm participation, email akent@cisdl.org
Monday, April 11, 2011
Sunday, April 10, 2011
Tuesday, April 5, 2011
International Trade Law /Notth Dakota/Aerospace
International Trade Law News
Welcome Attendees of North Dakota Trade Office's Global Business Connections Conference
Welcome to those attending the North Dakota Trade Office's Global Business Connections 2011 conference in Fargo, North Dakota on March 30 and 31 in Fargo, North Dakota.
Global Business Connections is a two-day event that connects North Dakota businesses with international trade professionals from around the world. The conference includes panel discussions with leading exporters and international business professionals, break-out seminars on export controls and Incoterms 2010, networking events and an industry trade show. The conference also will include the presentation of North Dakota’s most prestigious international business awards by North Dakota Governor Jack Dalrymple to the following award winners:
2010 North Dakota Exporter of the Year - Healthy Oilseeds, a leading grower, processor and exporter of flax.
2010 Service to North Dakota Exporters Award - Bremer Bank
The keynote speakers at the conference include Gregory Page, Chairman and CEO of Cargill, and Michael Hick, Director of Global Business Initiatives and author of Global Deals: Marketing and Managing Across Cultural Frontiers.
Other speakers at the program included Ed Schafer, who served as U.S. Secretary
of Agriculture and Governor of North Dakota.
North Dakota currently has the nation's lowest unemployment rate and is a leading exporting state. In addition to exporting agriculture products, North Dakota is a leading producer and exporter of machinery and has a thriving aerospace sector
Welcome Attendees of North Dakota Trade Office's Global Business Connections Conference
Welcome to those attending the North Dakota Trade Office's Global Business Connections 2011 conference in Fargo, North Dakota on March 30 and 31 in Fargo, North Dakota.
Global Business Connections is a two-day event that connects North Dakota businesses with international trade professionals from around the world. The conference includes panel discussions with leading exporters and international business professionals, break-out seminars on export controls and Incoterms 2010, networking events and an industry trade show. The conference also will include the presentation of North Dakota’s most prestigious international business awards by North Dakota Governor Jack Dalrymple to the following award winners:
2010 North Dakota Exporter of the Year - Healthy Oilseeds, a leading grower, processor and exporter of flax.
2010 Service to North Dakota Exporters Award - Bremer Bank
The keynote speakers at the conference include Gregory Page, Chairman and CEO of Cargill, and Michael Hick, Director of Global Business Initiatives and author of Global Deals: Marketing and Managing Across Cultural Frontiers.
Other speakers at the program included Ed Schafer, who served as U.S. Secretary
of Agriculture and Governor of North Dakota.
North Dakota currently has the nation's lowest unemployment rate and is a leading exporting state. In addition to exporting agriculture products, North Dakota is a leading producer and exporter of machinery and has a thriving aerospace sector
Monday, April 4, 2011
Canada threatening WTO challenge over EU's proposed restrictions/rankings on product from Cdn oil sands
http://ht.ly/4sQSz BRUSSELS — The Canadian government has stepped up lobbying in Europe for its oil sands industry, repeating its threats of trade conflict, a leaked letter shows. The letter dated March 18 to Europe’s commissioners for climate, trade and energy follows Canada’s denial it threatened to scrap a free trade deal unless the European Union alters planned environmental laws. "Given the desire for freer trade between us, it is important that our individual efforts to address climate change do not lead to the creation of unnecessary barriers," Canadian trade official Mark Richardson said in a document sent with the letter. "The Government of Canada believes this approach raises the prospect of unjustified discrimination and is not supported by the science." The dispute centres around EU plans to make fuel suppliers reduce the carbon footprint of fuels by 6% over the next decade. The EU is now fine-tuning a ranking of fuels to help suppliers identify the most carbon-intensive imports.
Sunday, April 3, 2011
Time to end Aggri. supply management
Time to end supply managementManley thinks it's now time, in fact well past time, to begin to phase out supply management, the marketing board system that keeps our production of dairy and poultry products artificially low so their prices can be jacked up artificially high. To make the system work, we have to put very tight restrictions on imports, which we used to effectively ban but now, because of WTO rules put in place in the 1990s, merely charge sky-high tariffs on.
Piling two and three hundred per cent tariffs onto dairy and poultry prices is obviously very bad for consumers, especially poor consumers. But it also hurts us internationally. Manley argues our insistence that marketing boards stay off the table in all trade negotiations is killing our influence on the evolution of multilateral trade rules. We used to be "in the Green Room in Geneva," he says, meaning we were among the small group of countries that put the final touches on any General Agreement on Tariffs and Trade or World Trade Organization deal. But now, because of our insistence on sheltering our supply-managed sectors from foreign competition, we're "outcasts."
As an ex-politician, Manley understands it would be hard to simply slash the tariffs and let the supplied-managed sectors fend for themselves. People who got into the industry and made significant investments in good faith under the existing regulatory regime would suffer big capital losses if the rules changed overnight. The government that took on supply
Piling two and three hundred per cent tariffs onto dairy and poultry prices is obviously very bad for consumers, especially poor consumers. But it also hurts us internationally. Manley argues our insistence that marketing boards stay off the table in all trade negotiations is killing our influence on the evolution of multilateral trade rules. We used to be "in the Green Room in Geneva," he says, meaning we were among the small group of countries that put the final touches on any General Agreement on Tariffs and Trade or World Trade Organization deal. But now, because of our insistence on sheltering our supply-managed sectors from foreign competition, we're "outcasts."
As an ex-politician, Manley understands it would be hard to simply slash the tariffs and let the supplied-managed sectors fend for themselves. People who got into the industry and made significant investments in good faith under the existing regulatory regime would suffer big capital losses if the rules changed overnight. The government that took on supply
GATT Article XX and Domestic Production of Environmental Goods
International Economic Law and Policy Blog: GATT Article XX and Domestic Production of Environmental Goods
China could plead environmental necessity to win a dispute over its wind industry subsidies, a case now moving through the World Trade Organization, one legal expert suggests.
Provisions under Chinese law mandating that nearly all wind power equipment be purchased from China for projects to be eligible for state financial support are facing a WTO challenge by the United States.
The domestic content requirement that helped China build a wind industry at the expense of foreign firms does, on the face of it, seem to violate WTO rules against such protectionist measures, experts say. But the WTO panel and appellate body have explicitly shown in the past that they will allow exceptions for environmental protection.
And if Beijing could convince the trade body that the domestic content requirement is necessary to help curb global climate change, the WTO board may toss out the U.S. complaint, said Robert Howse, an international law professor at New York University and an expert on international trade law.
"I think in China's case in particular, there might be a plausible argument, which is that China's demand for clean energy is so enormous that it would be irresponsible for China not to take measures to ensure it has an adequate domestic industry in this area," Howse said.
The law professor admitted that his judgment is speculative at best -- China hasn't yet publicly stated what its defense of the foreign product block is. But given the rules in the various international treaties the WTO governs that allow for exceptional state support for efforts on environmental problems, China's trade negotiators may be looking for loopholes among those provisions, he said.
...
China could plead environmental necessity to win a dispute over its wind industry subsidies, a case now moving through the World Trade Organization, one legal expert suggests.
Provisions under Chinese law mandating that nearly all wind power equipment be purchased from China for projects to be eligible for state financial support are facing a WTO challenge by the United States.
The domestic content requirement that helped China build a wind industry at the expense of foreign firms does, on the face of it, seem to violate WTO rules against such protectionist measures, experts say. But the WTO panel and appellate body have explicitly shown in the past that they will allow exceptions for environmental protection.
And if Beijing could convince the trade body that the domestic content requirement is necessary to help curb global climate change, the WTO board may toss out the U.S. complaint, said Robert Howse, an international law professor at New York University and an expert on international trade law.
"I think in China's case in particular, there might be a plausible argument, which is that China's demand for clean energy is so enormous that it would be irresponsible for China not to take measures to ensure it has an adequate domestic industry in this area," Howse said.
The law professor admitted that his judgment is speculative at best -- China hasn't yet publicly stated what its defense of the foreign product block is. But given the rules in the various international treaties the WTO governs that allow for exceptional state support for efforts on environmental problems, China's trade negotiators may be looking for loopholes among those provisions, he said.
...
Saturday, April 2, 2011
CBA - A Primer on Municipalities and Constitutional Law
CBA - A Primer on Municipalities and Constitutional Law
Municipal decisions have always been subject to challenge on a wide range of constitutional grounds. The Supreme Court of Canada has issued a number of recent judgments respecting constitutional law issues involving or impacting municipalities. When can municipalities govern in relation to federal and provincial lands and undertakings over airports, harbours, railways and telecommunications? What is the test respecting paramountcy and exclusive jurisdiction? What is the doctrine of interjurisdictional immunity and when does it apply? Where does the principal of subsidiarity fall within this scheme? If you do not know the answers to these questions, you need to come out and hear legal experts analyze these topics and participate in this interactive and engaging program.
Municipal decisions have always been subject to challenge on a wide range of constitutional grounds. The Supreme Court of Canada has issued a number of recent judgments respecting constitutional law issues involving or impacting municipalities. When can municipalities govern in relation to federal and provincial lands and undertakings over airports, harbours, railways and telecommunications? What is the test respecting paramountcy and exclusive jurisdiction? What is the doctrine of interjurisdictional immunity and when does it apply? Where does the principal of subsidiarity fall within this scheme? If you do not know the answers to these questions, you need to come out and hear legal experts analyze these topics and participate in this interactive and engaging program.
Agenda:
5:30 pm - Registration & Cash Bar
6:00 pm - Dinner
7:00 pm - 8:30 pm - Program followed by Question and Answer period
Speakers:
Josh Hunter, Crown Counsel, Constitutional Law Branch, Ministry of the Attorney General
Lisa Pasternak, Senior Solicitor,City of Hamilton
Program Chairs
Travelling more than 100 km to attend the live OBA CLE program? Take 25% off the registration fee. Exempted are joint LSUC-OBA programs & Institute.
Municipal decisions have always been subject to challenge on a wide range of constitutional grounds. The Supreme Court of Canada has issued a number of recent judgments respecting constitutional law issues involving or impacting municipalities. When can municipalities govern in relation to federal and provincial lands and undertakings over airports, harbours, railways and telecommunications? What is the test respecting paramountcy and exclusive jurisdiction? What is the doctrine of interjurisdictional immunity and when does it apply? Where does the principal of subsidiarity fall within this scheme? If you do not know the answers to these questions, you need to come out and hear legal experts analyze these topics and participate in this interactive and engaging program.
Municipal decisions have always been subject to challenge on a wide range of constitutional grounds. The Supreme Court of Canada has issued a number of recent judgments respecting constitutional law issues involving or impacting municipalities. When can municipalities govern in relation to federal and provincial lands and undertakings over airports, harbours, railways and telecommunications? What is the test respecting paramountcy and exclusive jurisdiction? What is the doctrine of interjurisdictional immunity and when does it apply? Where does the principal of subsidiarity fall within this scheme? If you do not know the answers to these questions, you need to come out and hear legal experts analyze these topics and participate in this interactive and engaging program.
Agenda:
5:30 pm - Registration & Cash Bar
6:00 pm - Dinner
7:00 pm - 8:30 pm - Program followed by Question and Answer period
Speakers:
Josh Hunter, Crown Counsel, Constitutional Law Branch, Ministry of the Attorney General
Lisa Pasternak, Senior Solicitor,City of Hamilton
Program Chairs
Travelling more than 100 km to attend the live OBA CLE program? Take 25% off the registration fee. Exempted are joint LSUC-OBA programs & Institute.
CBA - Elder Law Section Meeting/Wpg.
CBA - Elder Law Section MeetingWinnipeg,Mon.April4th12noon-1:30pm..elderly and living will
CBA - CCCA 2011 National Spring Conference
CBA - CCCA 2011 National Spring Conference
cost $995.00
CCCA 2011 National Spring Conference
Sunday, April 03, 2011 - Tuesday, April 05, 2011
Hilton Hotel
145 Richmond Street West ,Toronto, ON M5H 2L2
CCCA National Spring Conference April 3 -5, 2011 Hilton Toronto, Toronto
cost $995.00
CCCA 2011 National Spring Conference
Sunday, April 03, 2011 - Tuesday, April 05, 2011
Hilton Hotel
145 Richmond Street West ,Toronto, ON M5H 2L2
CCCA National Spring Conference April 3 -5, 2011 Hilton Toronto, Toronto
Monday, March 28, 2011
Climate Law ,Evaluating Legal Challenges to U.S.A.'EPA’s PSD Regulations
Climate Law Blog » Blog Archive » Evaluating Legal Challenges to EPA’s PSD Regulations
As discussed previously, implementation of EPA’s greenhouse gas regulations necessitates a large program of regulation under the Clean Air Act’s Prevention of Significant Deterioration (PSD) program. EPA has attempted to give states authority to implement these changes, but not all parties have been compliant. A series of EPA rules passed in December 2010 found that certain State Implementation Plans (SIPs) were inadequate for addressing greenhouse gas permitting requirements and established temporary federal permitting programs to cover those regions. Unsurprisingly, these determinations have been challenged in the DC Circuit. According to the most complete statement of issues in the case, filed March 17, 2011, the challenges focus on four major questions:
1.Whether EPA violated the CAA by not allowing three years for states to pass appropriate SIPs in accordance with EPA’s past regulations;
2.Whether EPA used the wrong provision in the CAA to issue its SIP call;
3.Whether EPA incorrectly assumed that PSD was self-executing such that outdated SIPs could not legally issue permits for GHG emissions starting on January 2, 2011; and
As discussed previously, implementation of EPA’s greenhouse gas regulations necessitates a large program of regulation under the Clean Air Act’s Prevention of Significant Deterioration (PSD) program. EPA has attempted to give states authority to implement these changes, but not all parties have been compliant. A series of EPA rules passed in December 2010 found that certain State Implementation Plans (SIPs) were inadequate for addressing greenhouse gas permitting requirements and established temporary federal permitting programs to cover those regions. Unsurprisingly, these determinations have been challenged in the DC Circuit. According to the most complete statement of issues in the case, filed March 17, 2011, the challenges focus on four major questions:
1.Whether EPA violated the CAA by not allowing three years for states to pass appropriate SIPs in accordance with EPA’s past regulations;
2.Whether EPA used the wrong provision in the CAA to issue its SIP call;
3.Whether EPA incorrectly assumed that PSD was self-executing such that outdated SIPs could not legally issue permits for GHG emissions starting on January 2, 2011; and
Sunday, March 27, 2011
Ontario/China: Murray,Ottawa,March2nd,2011
Ontario is to benefit from the massive project by the Chinese investment into clean energy and new technology. Ontario to benefit 10% from this chinese investment.
I remember in Montreal when some chinese rep from the Deustche Bank, talking about solar power, and the elderly with arthritis- and the need for warmth...I thought he was joking!
I remember in Montreal when some chinese rep from the Deustche Bank, talking about solar power, and the elderly with arthritis- and the need for warmth...I thought he was joking!
Saturday, March 19, 2011
Municipal Law & Decisions TO April 6th,2011
Municipal decisions have always been subject to challenge on a wide range of constitutional grounds. The Supreme Court of Canada has issued a number of recent judgments respecting constitutional law issues involving or impacting municipalities. When can municipalities govern in relation to federal and provincial lands and undertakings over airports, harbours, railways and telecommunications? What is the test respecting paramountcy and exclusive jurisdiction? What is the doctrine of interjurisdictional immunity and when does it apply? Where does the principal of subsidiarity fall within this scheme? If you do not know the answers to these questions, you need to come out and hear legal experts analyze these topics and participate in this interactive and engaging program.
Wednesday, March 16, 2011
Nuclear Liability Act,Quebec
Nuclear Power in Quebec
The nuclear industry has always had a curious habit of operating in secrecy, and so it was in this case -- none of the thirteen mayors of the municipalities to be excluded from the evacuation zone were consulted or notified, nor was the CRD- 04, until a radio story on Dimanche Magazine by Danny Brown revealed the truth of the situation.
It is ironic that nuclear proponents try so hard to convince people that nuclear power is safe, when the nuclear industry is the only one in all of Canada that is protected by law from being financially liable, beyond a very minimal amount, in the event of a major industrial accident. The Nuclear Liability Act limits the liability of the owner of a nuclear plant to $75 millions, even though the actual damage from a major accident could be tens of billions.
Moreover, the suppliers of nuclear equipment are, under this law, completely exempt from liability even if faulty components supplied by them were a contributing cause of the accident. And on top of that, the insurance companies will not insure anybody against the consequences of radioactive contamination from a nuclear accident; there is a standard "nuclear exclusion clause" in every single insurance policy that says the insured has no coverage whatsoever in the case of radioactive contamination. The industry is sure that reactors are safe, but they don't want to bet any money on it.
Chronic Radiation Exposure
The nuclear industry has always had a curious habit of operating in secrecy, and so it was in this case -- none of the thirteen mayors of the municipalities to be excluded from the evacuation zone were consulted or notified, nor was the CRD- 04, until a radio story on Dimanche Magazine by Danny Brown revealed the truth of the situation.
It is ironic that nuclear proponents try so hard to convince people that nuclear power is safe, when the nuclear industry is the only one in all of Canada that is protected by law from being financially liable, beyond a very minimal amount, in the event of a major industrial accident. The Nuclear Liability Act limits the liability of the owner of a nuclear plant to $75 millions, even though the actual damage from a major accident could be tens of billions.
Moreover, the suppliers of nuclear equipment are, under this law, completely exempt from liability even if faulty components supplied by them were a contributing cause of the accident. And on top of that, the insurance companies will not insure anybody against the consequences of radioactive contamination from a nuclear accident; there is a standard "nuclear exclusion clause" in every single insurance policy that says the insured has no coverage whatsoever in the case of radioactive contamination. The industry is sure that reactors are safe, but they don't want to bet any money on it.
Chronic Radiation Exposure
Located near Becancour about 100 kilometres northeast of Montreal, the plant was commissioned in 1983.
Located near Becancour about 100 kilometres northeast of Montreal, the plant was commissioned in 1983.
Hydro-Québec has a single shareholder, the Québec's provincial government. Responsible for operation and development of generating facilities in Québec, Hydro-Québec Production division sales and buys electricity on wholesale markets both within and outside the province. Hydro-Québec Production still favors the hydropower option. However, even if Gentilly 2 supplies only a small percentage of electricity production in Québec, it helps diversify the company's sources of supply.
Gentilly 2 is Québec's only nuclear generating station. It went into commercial operation in October 1983. Gentilly 2 generator is the most powerful among Hydro-Québec utility's generating stations. Moreover, the location of Gentilly 2 near the major electrical load centres in the province plays an essential role in stabilizing the Hydro-Québec grid, which is characterized by large remote hydraulic generating stations connected via very long transmission lines.
However improbable it may be, the insurance companies are very careful to explicitly exclude any coverage for property-owners in the event of such an accident. Also, the nuclear industry -- unlike any other industry in Canada -- is protected by a special Act of Parliament which limits civil liability to $75 million in the event of such an accident. These are extraordinary legal and financial precautions for an accident which Hydro-Québec declares to be "inconceivable".
It is irresponsible for Hydro-Québec to pretend that such an accident is not possible at Gentilly-2
Hydro-Québec has a single shareholder, the Québec's provincial government. Responsible for operation and development of generating facilities in Québec, Hydro-Québec Production division sales and buys electricity on wholesale markets both within and outside the province. Hydro-Québec Production still favors the hydropower option. However, even if Gentilly 2 supplies only a small percentage of electricity production in Québec, it helps diversify the company's sources of supply.
Gentilly 2 is Québec's only nuclear generating station. It went into commercial operation in October 1983. Gentilly 2 generator is the most powerful among Hydro-Québec utility's generating stations. Moreover, the location of Gentilly 2 near the major electrical load centres in the province plays an essential role in stabilizing the Hydro-Québec grid, which is characterized by large remote hydraulic generating stations connected via very long transmission lines.
However improbable it may be, the insurance companies are very careful to explicitly exclude any coverage for property-owners in the event of such an accident. Also, the nuclear industry -- unlike any other industry in Canada -- is protected by a special Act of Parliament which limits civil liability to $75 million in the event of such an accident. These are extraordinary legal and financial precautions for an accident which Hydro-Québec declares to be "inconceivable".
It is irresponsible for Hydro-Québec to pretend that such an accident is not possible at Gentilly-2
It is just that I was at a meeting in Vancouver- where the major discussion was what would be the cost of "Liability Insurance" for these projects. Or what would be the liability insurance that Quebec would have to incur if the moratorium on Fracking in Quebec is lifted?? Or for that matter what is the cost of Liability insurance for a nuclear power plant in Quebec.
Discussion of Liability in Enviroment allowed??
But how about environmental liability- such as the liability insurance for Carbon Capture and Sequestering sites which are now beginning to dot the North American landscape. Can Liability be discussed in Environmental terms- such as those suffering from contaminated water due to "Hydraulic Fracturing" (i.e. Fracking) Those victims of contaminated ground water- are they allowed to be compensated by those who caused the contamination??
Supreme Court Restores Record-Setting $1M Punitive Damages Award Against Home Insurer
Ogilvy Renault - Cabinet d'avocats | Supreme Court Restores Record-Setting $1M Punitive Damages Award Against Home Insurer
Insurance and Professional Liability Team
The Supreme Court of Canada has ruled that a punitive damages award of $1 million against an insurer, while high, was "within the rational limits" given the reprehensible character of its bad-faith denial of its policyholder's fire insurance claim. The ruling establishes a new high water mark for punitive damages in Canada, and underscores the importance for all insurers to deal with their insureds in good faith.
In a ruling[1] that sends a strong message to the entire Canadian insurance industry, the Supreme Court of Canada has restored the $1 million award for punitive damages assessed by a jury against a home insurer at the trial of a claim arising from a fire loss. The award is larger than any other ever made for punitive damages in Canada.
The case involved a claim by Daphne and Keith Whiten for recovery under their homeowner's insurance policy following the 1994 loss of their home to fire. Their insurer, Pilot Insurance, appointed an independent adjuster but chose to reject his advice to pay the claim. Despite the unanimous conclusion of investigating authorities that there was no evidence of arson, the insurer denied the claim on the basis that the fire had been deliberately set. It then formulated a defence strategy that the Court found was intended to "starve the insureds into submission."
At trial, the jury awarded the Whitens compensatory damages of $320,000 for their proven losses resulting from the fire. The jury also awarded three times that amount - $1 million - in punitive damages for the steadfast refusal of the insurer to abandon its ill-founded defence to the claim. The Whitens' entitlement to punitive damages was upheld by the majority of the Ontario Court of Appeal, but was reduced in amount to $100,000. The dissenting member of the Court of Appeal concluded that the original punitive damages award of $1 million ought to be upheld.
A central issue in the case concerned whether, in what is ultimately a claim based on breach of contract, punitive damages can be awarded at all. The Supreme Court of Canada had itself established[2] that where breach of contract is alleged there must be an "actionable wrong" independent of that breach in order for punitive damages to be recoverable. Writing for the majority, Justice Binnie ruled that a refusal by an insurance company to deal with its insured in good faith constitutes an independent breach that permits punitive damages to be awarded
Insurance and Professional Liability Team
The Supreme Court of Canada has ruled that a punitive damages award of $1 million against an insurer, while high, was "within the rational limits" given the reprehensible character of its bad-faith denial of its policyholder's fire insurance claim. The ruling establishes a new high water mark for punitive damages in Canada, and underscores the importance for all insurers to deal with their insureds in good faith.
In a ruling[1] that sends a strong message to the entire Canadian insurance industry, the Supreme Court of Canada has restored the $1 million award for punitive damages assessed by a jury against a home insurer at the trial of a claim arising from a fire loss. The award is larger than any other ever made for punitive damages in Canada.
The case involved a claim by Daphne and Keith Whiten for recovery under their homeowner's insurance policy following the 1994 loss of their home to fire. Their insurer, Pilot Insurance, appointed an independent adjuster but chose to reject his advice to pay the claim. Despite the unanimous conclusion of investigating authorities that there was no evidence of arson, the insurer denied the claim on the basis that the fire had been deliberately set. It then formulated a defence strategy that the Court found was intended to "starve the insureds into submission."
At trial, the jury awarded the Whitens compensatory damages of $320,000 for their proven losses resulting from the fire. The jury also awarded three times that amount - $1 million - in punitive damages for the steadfast refusal of the insurer to abandon its ill-founded defence to the claim. The Whitens' entitlement to punitive damages was upheld by the majority of the Ontario Court of Appeal, but was reduced in amount to $100,000. The dissenting member of the Court of Appeal concluded that the original punitive damages award of $1 million ought to be upheld.
A central issue in the case concerned whether, in what is ultimately a claim based on breach of contract, punitive damages can be awarded at all. The Supreme Court of Canada had itself established[2] that where breach of contract is alleged there must be an "actionable wrong" independent of that breach in order for punitive damages to be recoverable. Writing for the majority, Justice Binnie ruled that a refusal by an insurance company to deal with its insured in good faith constitutes an independent breach that permits punitive damages to be awarded
Extra-Contractual Liability In Québec
Extra-Contractual Liability In Québec
4. Extra-Contractual Liability In Quebec
In Quebec, the general regime for extra-contractual liability (comparable to common law tort liability) is set out in Article 1457 of the CCQ, which reads:
Every person has a duty to abide by the rules of conduct which lie upon him, according to the circumstances, usage or law, so as not to cause injury to another.
Where he is endowed with reason and fails in this duty, he is responsible for any injury he causes to another person by such fault and is liable to reparation for the injury, whether it be bodily, moral or material in nature.
He is also liable, in certain cases, to reparation for injury caused to another by the act or fault of another person or by the act of things in his custody.
Subsequent articles in the Civil Code of Quebec deal with particular cases, such as liability for the act of a minor and liability for the act of a thing. To bring a successful action for extra-contractual liability in Quebec, a plaintiff must prove:
•Fault on the part of the defendant.
•Injury suffered by the plaintiff.
•A causal link between the fault and the injury.
4.1 Duty of Care
Unlike the common law, the civil law creates a generalized duty of care between all individuals living together in a society. While at first this may seem to broaden the scope of extra-contractual liability in Quebec, the civil law has adopted a more restrictive approach to both fault and causation to compensate.
4. Extra-Contractual Liability In Quebec
In Quebec, the general regime for extra-contractual liability (comparable to common law tort liability) is set out in Article 1457 of the CCQ, which reads:
Every person has a duty to abide by the rules of conduct which lie upon him, according to the circumstances, usage or law, so as not to cause injury to another.
Where he is endowed with reason and fails in this duty, he is responsible for any injury he causes to another person by such fault and is liable to reparation for the injury, whether it be bodily, moral or material in nature.
He is also liable, in certain cases, to reparation for injury caused to another by the act or fault of another person or by the act of things in his custody.
Subsequent articles in the Civil Code of Quebec deal with particular cases, such as liability for the act of a minor and liability for the act of a thing. To bring a successful action for extra-contractual liability in Quebec, a plaintiff must prove:
•Fault on the part of the defendant.
•Injury suffered by the plaintiff.
•A causal link between the fault and the injury.
4.1 Duty of Care
Unlike the common law, the civil law creates a generalized duty of care between all individuals living together in a society. While at first this may seem to broaden the scope of extra-contractual liability in Quebec, the civil law has adopted a more restrictive approach to both fault and causation to compensate.
Quebec Civil Law
To participate*, you must submit a legal essay of
4000 to 6000 words answering the following question:
In the context of extracontractual liability under Quebec law, is it
reasonable to grant punitive damages to a plaintiff who has
not incurred any compensatory damages? And what are the applicable criteria and limits?
by March 31st, 2011
4000 to 6000 words answering the following question:
In the context of extracontractual liability under Quebec law, is it
reasonable to grant punitive damages to a plaintiff who has
not incurred any compensatory damages? And what are the applicable criteria and limits?
by March 31st, 2011
Tuesday, March 15, 2011
Welcome - Investment Arbitration Reporter (IAReporter)
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NAFTA ,CAFTA ,Energy Charter Treaty ,Argentine Disputes
Damages Determinations ,Intra-EU Treaties and Claims ,Treaty Negotiations
Arbitrator Challenges ,Amicus Curiae Interventions ,Annulment and Court Review
Energy Disputes ,Mining Disputes ,Telecoms Disputes ,Transportation Disputes
Environmental Disputes ,Human Rights ,Land Reform Disputes ,Stabilization Clauses
Anadarko Eyes Sonatrach Assets Seizure in Tax Dispute,...
Chevron Appeals Ecuador Judgment
Churchill chairman says East Kutai licences "remain...
Reliance, BG drag govt to *arbitration* on PMT dispute
Egypt names new foreign minister
New York Judge Stays Chevron Judgment, Orders Bond
Impax, Hudson Clean Energy Join Investors Suing Spain...
Temelín could persuade US to compromise on bilateral...
Oxus prepares for legal battle over Uzbek gold
News Headlines
Tribunal rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case to air jurisdictional arguments next week
Cargill v. Mexico ruling finds three NAFTA breaches; publication of 2009 arbitral award delayed 17 months as redactions debated
Tribunal sees a high-bar for breach of NAFTA’s Minimum Standard of protection; doubts expressed as to impact of hundreds of BITs on customary international law
Mexico can’t justify its mistreatment of Cargill as counter-measures taken against the United States; ownership of NAFTA “rights” discussed anew
Mexico persists in battle to reduce $77 Million NAFTA debt; published damages award applied several notable discounts, including effect of social protests against investor’s product
Tribunal issues interpretation of award, and clarifies that it reinstated a contractual arbitration clause that had been extinguished under Jordanian law
ANALYSIS: Arbitrators in Malicorp v Egypt discuss definition of investment and investor conduct; tribunal warns that BIT arbitration should not be used to detour around contractual forums
VIEW MORE HEADLINES
--------------------------------------------------------------------------------
Document Downloads
Chevron v. Ecuador Interim Measures Order of February 9, 2011
Grand River Enterprises, et.al. v. U.S.A. Award of January 12, 2011
Fraport v. Philippines Decision on Annulment, Dec 23, 2010
Tidewater v. Venezuela Decision on Challenge to Arbitrator Stern, Dec 23, 2010
Cemex v. Venezuela Decision on Jurisdiction of December 30, 2010
Murphy International v. Ecuador Award of December 15, 2010
RSM v. Grenada (US-Grenada treaty case) Award of December 10, 2010
Globex v. Ukraine Award of December 1, 2010
Alpha ProjektHolding v. Ukraine Award of November 8, 2010
Eureko v. Slovak Republic Award on Jurisdiction of October 26, 2010
Fuchs & Kardassopoulos v. Republic of Georgia Award of March 3, 2010
EuroTelecom International v. Bolivia Application to Enjoin Arbitration, October 5, 2010
Gustav Hamester v. Ghana Award of June 18, 2010
AES v. Hungary Award of September 23, 2010
Cargill v. Mexico Ontario Court Ruling on Set-Aside, August 26, 2010
Browse News by Theme ICSID (World Bank)
UNCITRAL and Ad-Hoc
Stockholm Chamber International Chamber (ICC)
NAFTA ,CAFTA ,Energy Charter Treaty ,Argentine Disputes
Damages Determinations ,Intra-EU Treaties and Claims ,Treaty Negotiations
Arbitrator Challenges ,Amicus Curiae Interventions ,Annulment and Court Review
Energy Disputes ,Mining Disputes ,Telecoms Disputes ,Transportation Disputes
Environmental Disputes ,Human Rights ,Land Reform Disputes ,Stabilization Clauses
Anadarko Eyes Sonatrach Assets Seizure in Tax Dispute,...
Chevron Appeals Ecuador Judgment
Churchill chairman says East Kutai licences "remain...
Reliance, BG drag govt to *arbitration* on PMT dispute
Egypt names new foreign minister
New York Judge Stays Chevron Judgment, Orders Bond
Impax, Hudson Clean Energy Join Investors Suing Spain...
Temelín could persuade US to compromise on bilateral...
Oxus prepares for legal battle over Uzbek gold
News Headlines
Tribunal rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case to air jurisdictional arguments next week
Cargill v. Mexico ruling finds three NAFTA breaches; publication of 2009 arbitral award delayed 17 months as redactions debated
Tribunal sees a high-bar for breach of NAFTA’s Minimum Standard of protection; doubts expressed as to impact of hundreds of BITs on customary international law
Mexico can’t justify its mistreatment of Cargill as counter-measures taken against the United States; ownership of NAFTA “rights” discussed anew
Mexico persists in battle to reduce $77 Million NAFTA debt; published damages award applied several notable discounts, including effect of social protests against investor’s product
Tribunal issues interpretation of award, and clarifies that it reinstated a contractual arbitration clause that had been extinguished under Jordanian law
ANALYSIS: Arbitrators in Malicorp v Egypt discuss definition of investment and investor conduct; tribunal warns that BIT arbitration should not be used to detour around contractual forums
VIEW MORE HEADLINES
--------------------------------------------------------------------------------
Document Downloads
Chevron v. Ecuador Interim Measures Order of February 9, 2011
Grand River Enterprises, et.al. v. U.S.A. Award of January 12, 2011
Fraport v. Philippines Decision on Annulment, Dec 23, 2010
Tidewater v. Venezuela Decision on Challenge to Arbitrator Stern, Dec 23, 2010
Cemex v. Venezuela Decision on Jurisdiction of December 30, 2010
Murphy International v. Ecuador Award of December 15, 2010
RSM v. Grenada (US-Grenada treaty case) Award of December 10, 2010
Globex v. Ukraine Award of December 1, 2010
Alpha ProjektHolding v. Ukraine Award of November 8, 2010
Eureko v. Slovak Republic Award on Jurisdiction of October 26, 2010
Fuchs & Kardassopoulos v. Republic of Georgia Award of March 3, 2010
EuroTelecom International v. Bolivia Application to Enjoin Arbitration, October 5, 2010
Gustav Hamester v. Ghana Award of June 18, 2010
AES v. Hungary Award of September 23, 2010
Cargill v. Mexico Ontario Court Ruling on Set-Aside, August 26, 2010
Canada-US Friends & Trading Partners
Canada and United States: Friends & Trading Partners Agreeing To Renew Vows
U.S. Commerce Secretary Gary Locke said on February 4, 2010 that "the United States is committed to a rules-based trading system where the American people - and the Congress - can feel confident that when we sign an agreement that gives foreign countries the privilege of free and fair access to our domestic market, we are treated the same." This statement was made amid rapidly circulating rumours that Canada and the United States have signed (in December 2009) and will announce on February 4th or 5th a deal that would exempt Canadian suppliers from "Buy America" provisions.
CTV's Ottawa Bureau Chief Robert Fife has provided a good summary of the rumoured deal:
•U.S. lawmakers "watered down" protectionist policies Wednesday night in the Senate. The clause had been attached to Washington's massive $900-billion stimulus program.
•Trade between Canada and at least 37 U.S. states will be opened up (the States that are represented in the WTO Agreement on Government Procurement.
•Canadian companies will be let in on seven major U.S. programs.
•The agreement is a precedent-setting for Ottawa, as it will prevent Canadian industry from being lumped in with other trading countries like China in the future.
•The delayed announcement may be due to a different approach in Canada and the U.S.
The Hamilton Spectator reports at the deal only covers contracts granted under the U.S. stimulus package, such as money is allocated for roads, public housing
U.S. Commerce Secretary Gary Locke said on February 4, 2010 that "the United States is committed to a rules-based trading system where the American people - and the Congress - can feel confident that when we sign an agreement that gives foreign countries the privilege of free and fair access to our domestic market, we are treated the same." This statement was made amid rapidly circulating rumours that Canada and the United States have signed (in December 2009) and will announce on February 4th or 5th a deal that would exempt Canadian suppliers from "Buy America" provisions.
CTV's Ottawa Bureau Chief Robert Fife has provided a good summary of the rumoured deal:
•U.S. lawmakers "watered down" protectionist policies Wednesday night in the Senate. The clause had been attached to Washington's massive $900-billion stimulus program.
•Trade between Canada and at least 37 U.S. states will be opened up (the States that are represented in the WTO Agreement on Government Procurement.
•Canadian companies will be let in on seven major U.S. programs.
•The agreement is a precedent-setting for Ottawa, as it will prevent Canadian industry from being lumped in with other trading countries like China in the future.
•The delayed announcement may be due to a different approach in Canada and the U.S.
The Hamilton Spectator reports at the deal only covers contracts granted under the U.S. stimulus package, such as money is allocated for roads, public housing
Sunday, March 13, 2011
Harper Government effectively privatizes Canada's water - News & Events - Sack Goldblatt Mitchell LLP
Harper Government effectively privatizes Canada's water - News & Events - Sack Goldblatt Mitchell LLP
SGM's Steven Shrybman recently told the the Standing Committee on International Trade that the Harper Government appears to have entered into a NAFTA settlement that will allow foreign investors to assert propriety claims to Canadian water.
In December 2008, AbitibiBowater announced the permanent closure of its Grand Falls-Windsor pulp and paper mill in Newfoundland. The Province claimed that AbitibiBowater had reneged on agreements to continue operating the mill, and that it had been granted water and timber rights on that condition. The Province then passed legislation expropriating AbitibiBowater's assets and terminating the water and timber licenses.
Rather than seeking recourse in the Canadian courts, AbitibiBowater filed an arbitration claim under NAFTA investment rules seeking $500 million in compensation. The claim not only sought compensation for the physical assets taken by the Province, but also for the loss of its water and forest licenses, which it referred to as "Water and Waterpower Rights" and "Timber Rights".
Instead of standing up for the public ownership of water and timber resources and refuting AbitibiBowater's claims to proprietary “rights” in Canadian public goods, the Harper Government entered into a $130 million consent judgment to settle the NAFTA claim. The potential consequences for the protection and regulation of Canada’s public resources are dire: the settlement goes farther than any NAFTA judgement to date, recognizing AbitibiBowater's “rights” to Newfoundland’s water and timber. This sets a precedent in which the obligation of governments to treat water as a public trust essential to both human well-being and biodiversity rank second to commercial and private interests.
SGM's Steven Shrybman recently told the the Standing Committee on International Trade that the Harper Government appears to have entered into a NAFTA settlement that will allow foreign investors to assert propriety claims to Canadian water.
In December 2008, AbitibiBowater announced the permanent closure of its Grand Falls-Windsor pulp and paper mill in Newfoundland. The Province claimed that AbitibiBowater had reneged on agreements to continue operating the mill, and that it had been granted water and timber rights on that condition. The Province then passed legislation expropriating AbitibiBowater's assets and terminating the water and timber licenses.
Rather than seeking recourse in the Canadian courts, AbitibiBowater filed an arbitration claim under NAFTA investment rules seeking $500 million in compensation. The claim not only sought compensation for the physical assets taken by the Province, but also for the loss of its water and forest licenses, which it referred to as "Water and Waterpower Rights" and "Timber Rights".
Instead of standing up for the public ownership of water and timber resources and refuting AbitibiBowater's claims to proprietary “rights” in Canadian public goods, the Harper Government entered into a $130 million consent judgment to settle the NAFTA claim. The potential consequences for the protection and regulation of Canada’s public resources are dire: the settlement goes farther than any NAFTA judgement to date, recognizing AbitibiBowater's “rights” to Newfoundland’s water and timber. This sets a precedent in which the obligation of governments to treat water as a public trust essential to both human well-being and biodiversity rank second to commercial and private interests.
Saturday, March 12, 2011
Fighting FTAs | Interview: Dawn Paley on Canada-Colombia trade agreement & militarization
multimedia | Canada | Fighting FTAs | Interview: Dawn Paley on Canada-Colombia trade agreement & militarization
Listen to an interview with journalist Dawn Paley speaking on the Canada-Colombia 'free trade' agreement and the impacts of U.S./Canada-backed trade policy in Colombia at the grassroots level in the country. Canada's Conservative government signed the contraversial trade accord with Colombia despite the wide spread political killings across the country targeting progressive activists, union organizers, student leaders and indigenous people, killings linked to right-wing paramilitary groups that maintain political links with multiple members of the current government of Juan Manuel Santos. A bilateral trade agreement between Colombia/U.S. is currently pending despite the reality of political violence in Colombia and mass internal displacement in the country often driven by multinational corporations that stand to benefit for a U.S.-backed bilateral agreement. -- Stefan Christoff
Listen to an interview with journalist Dawn Paley speaking on the Canada-Colombia 'free trade' agreement and the impacts of U.S./Canada-backed trade policy in Colombia at the grassroots level in the country. Canada's Conservative government signed the contraversial trade accord with Colombia despite the wide spread political killings across the country targeting progressive activists, union organizers, student leaders and indigenous people, killings linked to right-wing paramilitary groups that maintain political links with multiple members of the current government of Juan Manuel Santos. A bilateral trade agreement between Colombia/U.S. is currently pending despite the reality of political violence in Colombia and mass internal displacement in the country often driven by multinational corporations that stand to benefit for a U.S.-backed bilateral agreement. -- Stefan Christoff
Quebec Bar - For lawyers - Barreau du Québec
Training Catalog Bar - Continuing Education - For lawyers - Barreau du Québec
The reforms of water law in Quebec: Reflections on the consideration of climate change
Climate change is now a tangible impact across the globe. Although its manifestation is now acquired, it remains difficult, even risky, to predict in space and time that will create harmful impacts. According to a report by the Intergovernmental Panel on Climate Change (IPCC) in 2008, the water resources of the watershed area of St. Lawrence will not be spared. In this context risks but uncertain evidence, the use of the precautionary principle and the integrated management of water is essential. The reflection has the necessary perspective of community adaptation to climate change and raises the question of the role of water law in the management of water risks induced by this change. It is within this context that will be presented the new legal regimes and the new governance of water introduced in June 2009 by the Act to affirm the collective nature of water resources and to strengthen their protection, to see how new water law takes into account the water risks in a changing climate.
Paule Halley, Faculty of Law, University Laval
I Syltiane Goulet, the Directorate General of Legal Affairs and Legislative Department of Justice of Quebec
The reforms of water law in Quebec: Reflections on the consideration of climate change
Climate change is now a tangible impact across the globe. Although its manifestation is now acquired, it remains difficult, even risky, to predict in space and time that will create harmful impacts. According to a report by the Intergovernmental Panel on Climate Change (IPCC) in 2008, the water resources of the watershed area of St. Lawrence will not be spared. In this context risks but uncertain evidence, the use of the precautionary principle and the integrated management of water is essential. The reflection has the necessary perspective of community adaptation to climate change and raises the question of the role of water law in the management of water risks induced by this change. It is within this context that will be presented the new legal regimes and the new governance of water introduced in June 2009 by the Act to affirm the collective nature of water resources and to strengthen their protection, to see how new water law takes into account the water risks in a changing climate.
Paule Halley, Faculty of Law, University Laval
I Syltiane Goulet, the Directorate General of Legal Affairs and Legislative Department of Justice of Quebec
Tuesday, March 8, 2011
Ecuador Court Fines Chevron $8.6 Billion
Ecuador Court Fines Chevron $8.6 Billion | Kluwer Arbitration Blog On February 15th,2011
Today an Ecuador court fined Chevron $8.6 billion for environmental damage. According to the Wall Street Journal, $5.4 billion of that is to restore polluted soil, $1.4 billion to create a health system for the community, $800 million to treat individuals injured by the pollution, $600 million to restore polluted waters, $200 million to restore native species, $150 million to transport water, and $100 million to create a community cultural reconstruction program. The judgment in Spanish is available here. (English translation forthcoming)
Chevron responded to the judgment with the following statement:
The Ecuadorian court’s judgment is illegitimate and unenforceable. It is the product of fraud and is contrary to the legitimate scientific evidence. Chevron will appeal this decision in Ecuador and intends to see that justice prevails. United States and international tribunals already have taken steps to bar enforcement of the Ecuadorian ruling. Chevron does not believe that today’s judgment is enforceable in any court that observes the rule of law. Chevron intends to see that the perpetrators of this fraud are held accountable for their misconduct.
Amazon Watch responded with its own statement:
Today an Ecuador court fined Chevron $8.6 billion for environmental damage. According to the Wall Street Journal, $5.4 billion of that is to restore polluted soil, $1.4 billion to create a health system for the community, $800 million to treat individuals injured by the pollution, $600 million to restore polluted waters, $200 million to restore native species, $150 million to transport water, and $100 million to create a community cultural reconstruction program. The judgment in Spanish is available here. (English translation forthcoming)
Chevron responded to the judgment with the following statement:
The Ecuadorian court’s judgment is illegitimate and unenforceable. It is the product of fraud and is contrary to the legitimate scientific evidence. Chevron will appeal this decision in Ecuador and intends to see that justice prevails. United States and international tribunals already have taken steps to bar enforcement of the Ecuadorian ruling. Chevron does not believe that today’s judgment is enforceable in any court that observes the rule of law. Chevron intends to see that the perpetrators of this fraud are held accountable for their misconduct.
Amazon Watch responded with its own statement:
Reaching A Settlement Before the Arbitration Hearing
Reaching A Settlement Before the Arbitration Hearing | Kluwer Arbitration Blog
Reaching A Settlement Before the Arbitration Hearing
By Darius Chan
Will a court injunct arbitral proceedings if parties, before an arbitration hearing, allegedly reach a settlement agreement and a dispute subsequently arises over the existence of such an agreement? Is the tribunal functus?
Recently, the Singapore High Court in Doshion Ltd v Sembawang Engineers and Constructors Pte Ltd [2011] SGHC 46 (“Doshion”) rightly held that no injunction would lie in such an instance. It is a decision to be welcomed.
In that case, the two parties were parties to arbitration proceedings under certain construction contracts (“the Sub-Contracts”). The arbitration was scheduled to start on 28 February 2011. The claimant contended that an oral settlement was reached between the solicitors for the parties on 15 February 2011 and the arbitration proceedings should be terminated as of that date. The defendant denied the existence of any settlement.
The defendant characterised the claimant’s argument as one where the tribunal had become functus officio because of the settlement. The defendant cited a recent English High Court decision of Martin Dawes v Treasure & Son Ltd [2010] EWHC 3218 (“Dawes”) and contended that the issue of whether an arbitrator was functus went
Reaching A Settlement Before the Arbitration Hearing
By Darius Chan
Will a court injunct arbitral proceedings if parties, before an arbitration hearing, allegedly reach a settlement agreement and a dispute subsequently arises over the existence of such an agreement? Is the tribunal functus?
Recently, the Singapore High Court in Doshion Ltd v Sembawang Engineers and Constructors Pte Ltd [2011] SGHC 46 (“Doshion”) rightly held that no injunction would lie in such an instance. It is a decision to be welcomed.
In that case, the two parties were parties to arbitration proceedings under certain construction contracts (“the Sub-Contracts”). The arbitration was scheduled to start on 28 February 2011. The claimant contended that an oral settlement was reached between the solicitors for the parties on 15 February 2011 and the arbitration proceedings should be terminated as of that date. The defendant denied the existence of any settlement.
The defendant characterised the claimant’s argument as one where the tribunal had become functus officio because of the settlement. The defendant cited a recent English High Court decision of Martin Dawes v Treasure & Son Ltd [2010] EWHC 3218 (“Dawes”) and contended that the issue of whether an arbitrator was functus went
Monday, March 7, 2011
Morgan Stanley cancels all Libya oil trade
UPDATE 1-Morgan Stanley cancels all Libya oil trade -source | Energy & Oil | Reuters
LONDON, March 7 (Reuters) - Wall Street bank Morgan Stanley has stopped trading oil with Libya, a trade source said on Monday, in an early indication that sanctions could hit exports from the north African producer.
The firm cancelled all crude oil and refined products in the past week "due to the OFAC," the source familiar with the firm's transactions said, referring to the U.S. Office of Foreign Assets Control, which controls trade sanctions.
President Barack Obama signed an executive order on Feb. 25 freezing the assets of Libya's President Muammar Gaddafi, his family and top officials, as well as the Libyan government and the country's central bank.
Traders said Morgan Stanley has regularly sourced oil from the North African country to feed the UK Grangemouth and the French Lavera refineries but did not know how much the bank was buying from Libya.
The bank also traded gasoline with Libya, sources said.
Morgan Stanley declined to comment.
Most estimates suggest around half of the country's 1.6 million barrels per day (bpd) of oil production capacity has been suspended due to clashes between government forces and rebels.
Some trade sources expect other oil companies to follow the bank's lead and halt oil trade with Libya, effectively halting exports to the international market.
LONDON, March 7 (Reuters) - Wall Street bank Morgan Stanley has stopped trading oil with Libya, a trade source said on Monday, in an early indication that sanctions could hit exports from the north African producer.
The firm cancelled all crude oil and refined products in the past week "due to the OFAC," the source familiar with the firm's transactions said, referring to the U.S. Office of Foreign Assets Control, which controls trade sanctions.
President Barack Obama signed an executive order on Feb. 25 freezing the assets of Libya's President Muammar Gaddafi, his family and top officials, as well as the Libyan government and the country's central bank.
Traders said Morgan Stanley has regularly sourced oil from the North African country to feed the UK Grangemouth and the French Lavera refineries but did not know how much the bank was buying from Libya.
The bank also traded gasoline with Libya, sources said.
Morgan Stanley declined to comment.
Most estimates suggest around half of the country's 1.6 million barrels per day (bpd) of oil production capacity has been suspended due to clashes between government forces and rebels.
Some trade sources expect other oil companies to follow the bank's lead and halt oil trade with Libya, effectively halting exports to the international market.
Sunday, March 6, 2011
WTO treatment of a Carbon Tax
Peter Gallagher
In which I try briefly to describe the practical impact of WTO rules on the administration of a compensated carbon tax that is not levied on exports.
The huge volumes of recent commentary on the interaction of WTO rules and carbon emission taxes or administered markets ("emission trading schemes", ETS) contain a bewildering diversity of analysis. The matter is so contentious that the 2010 Copenhagen Accord of the UN Kyoto Protocol omitted any mention of trade measures that might be used to shore up domestic tax/ETS schemes if some large emitters (China, India, Japan) declined to make proportionate (or any) emission cuts.
In the present state of WTO jurisprudence the only thing we can say for sure is that any laws to levy a carbon tax on imports or to remit a domestic carbon tax on exports are likely to provoke nasty trade disputes; which is why the then-EC-Trade-Commissioner, Peter Mandelson, advised against putting any such border taxes on imports or tax-remissions on exports in place when the EU adopted its own ETS in 2005.
In which I try briefly to describe the practical impact of WTO rules on the administration of a compensated carbon tax that is not levied on exports.
The huge volumes of recent commentary on the interaction of WTO rules and carbon emission taxes or administered markets ("emission trading schemes", ETS) contain a bewildering diversity of analysis. The matter is so contentious that the 2010 Copenhagen Accord of the UN Kyoto Protocol omitted any mention of trade measures that might be used to shore up domestic tax/ETS schemes if some large emitters (China, India, Japan) declined to make proportionate (or any) emission cuts.
In the present state of WTO jurisprudence the only thing we can say for sure is that any laws to levy a carbon tax on imports or to remit a domestic carbon tax on exports are likely to provoke nasty trade disputes; which is why the then-EC-Trade-Commissioner, Peter Mandelson, advised against putting any such border taxes on imports or tax-remissions on exports in place when the EU adopted its own ETS in 2005.
Sunday, February 27, 2011
Saturday, February 19, 2011
Cost $800.00 USD Climate Diplomacy
The course content is to be confirmed but will tentatively include the following one-week modules:
1.Climate Change Science, Causes and Impacts
2.Introduction to Climate Change Diplomacy
3.Implementation, Compliance and Enforcement of the UNFCCC and Kyoto Protocol
4.Mitigating Climate Change
5.Adapting to Climate Change
6.International Considerations for Climate Change Decision Making
7.Other Important Considerations for International Climate Change Negotiations
8.Towards a Post 2012 Agreement
1.Climate Change Science, Causes and Impacts
2.Introduction to Climate Change Diplomacy
3.Implementation, Compliance and Enforcement of the UNFCCC and Kyoto Protocol
4.Mitigating Climate Change
5.Adapting to Climate Change
6.International Considerations for Climate Change Decision Making
7.Other Important Considerations for International Climate Change Negotiations
8.Towards a Post 2012 Agreement
Sunday, February 13, 2011
Tuna and Seal Products and the Appellate Body
The European Union closed its borders to seal products last year, when an EU court allowed the ban to proceed even though a Canadian legal challenge was still in progress.
"By moving ahead with this World Trade Organization challenge, we stand behind the thousands of Canadians in coastal and northern communities who depend on the seal harvest to provide a livelihood for their families," Shea said.
...
Shea said the panel would help take the emotion out of a ban that she said had "no basis in fact or in science." Animals rights activists said the harvest, which involves shooting or clubbing the animals to death, is inhumane.
----------------------------------------------------------------------------------
A while back, I looked briefly at the possible legal issues in the case in an ASIL Insight here. Quickly glancing at the piece again, I think everything there still applies. However, with all that is going on with non-discrimination issues and the TBT Agreement in U.S. - Tuna II (DS381) (DSC subscribers see here and here), U.S. - Clove Cigarettes (DS406) (see here and here) and a couple other cases, I'm not sure I would know how to argue the Seal Products case right now! It might be worth waiting to see what the panels and the Appellate Body say first about those cases before getting too deep into the substance of the Seal Products case.
"By moving ahead with this World Trade Organization challenge, we stand behind the thousands of Canadians in coastal and northern communities who depend on the seal harvest to provide a livelihood for their families," Shea said.
...
Shea said the panel would help take the emotion out of a ban that she said had "no basis in fact or in science." Animals rights activists said the harvest, which involves shooting or clubbing the animals to death, is inhumane.
----------------------------------------------------------------------------------
A while back, I looked briefly at the possible legal issues in the case in an ASIL Insight here. Quickly glancing at the piece again, I think everything there still applies. However, with all that is going on with non-discrimination issues and the TBT Agreement in U.S. - Tuna II (DS381) (DSC subscribers see here and here), U.S. - Clove Cigarettes (DS406) (see here and here) and a couple other cases, I'm not sure I would know how to argue the Seal Products case right now! It might be worth waiting to see what the panels and the Appellate Body say first about those cases before getting too deep into the substance of the Seal Products case.
4th WTO Dispute Settlement.March 8th 5-9pm
4th WTO Dispute Settlement
Fourth Annual Update on WTO Dispute Settlement
A Presentation and Debate on Cases & Developments in WTO Dispute Settlement during 2010
Tuesday, 8th March 2011 I 17.00 to 19.00
Venue
Auditoire Jacques Freymond (AJF)
132, Rue de Lausanne, Geneva
Organised by
The Graduate Institute's Centre for Trade and Economic Integration
Background
At the beginning of each year, on the occasion of the release of the Appellate Body’s Annual Report, the Centre gathers the chairs of the WTO Appellate Body, the Dispute Settlement Body, and the Negotiating Group on DSU Review in an Annual Update on WTO Dispute Settlement. Presentations by the chairs are followed by a roundtable discussion of the most important cases and developments of the past year. The Roundtable is composed of representatives of academia, the trade law bar, press and NGOs.
Programme
WTO Dispute Settlement Body Developments in 2010 17.00 - 18.00
H.E. Mr. Yonov Frederick Agah, (Nigeria) Chairperson of the DSB
Presentation on the 2010 Annual Report of the Appellate Body
Ms. Lilia R. Bautista, Chairperson of the Appellate Body
Roundtable discussion on WTO Dispute Settlement in 2010 18.00 - 19.00
with
Fourth Annual Update on WTO Dispute Settlement
A Presentation and Debate on Cases & Developments in WTO Dispute Settlement during 2010
Tuesday, 8th March 2011 I 17.00 to 19.00
Venue
Auditoire Jacques Freymond (AJF)
132, Rue de Lausanne, Geneva
Organised by
The Graduate Institute's Centre for Trade and Economic Integration
Background
At the beginning of each year, on the occasion of the release of the Appellate Body’s Annual Report, the Centre gathers the chairs of the WTO Appellate Body, the Dispute Settlement Body, and the Negotiating Group on DSU Review in an Annual Update on WTO Dispute Settlement. Presentations by the chairs are followed by a roundtable discussion of the most important cases and developments of the past year. The Roundtable is composed of representatives of academia, the trade law bar, press and NGOs.
Programme
WTO Dispute Settlement Body Developments in 2010 17.00 - 18.00
H.E. Mr. Yonov Frederick Agah, (Nigeria) Chairperson of the DSB
Presentation on the 2010 Annual Report of the Appellate Body
Ms. Lilia R. Bautista, Chairperson of the Appellate Body
Roundtable discussion on WTO Dispute Settlement in 2010 18.00 - 19.00
with
Uranium Subsidies?
International Economic Law and Policy Blog: Uranium Subsidies?
ONE might not have too much sympathy for fossil fuel companies, currently enjoying all the benefits of high coal and oil prices. But they are crying foul in their competition with an (admittedly undersized) non-hydrocarbon fuel—uranium. According to America’s mining act of 1872, framed at a time when spurring development of the wide-open West was all the rage, no government agency can refuse a mining permit on federal land, or charge a royalty. And uranium is treated just like other hardrock minerals such as gold and copper. Oil, gas, coal and timber companies, by contrast, all have to pay substantial royalties, of up to 12.5% of gross income, when they extract from federal lands
ONE might not have too much sympathy for fossil fuel companies, currently enjoying all the benefits of high coal and oil prices. But they are crying foul in their competition with an (admittedly undersized) non-hydrocarbon fuel—uranium. According to America’s mining act of 1872, framed at a time when spurring development of the wide-open West was all the rage, no government agency can refuse a mining permit on federal land, or charge a royalty. And uranium is treated just like other hardrock minerals such as gold and copper. Oil, gas, coal and timber companies, by contrast, all have to pay substantial royalties, of up to 12.5% of gross income, when they extract from federal lands
Lesson 4: Sustainable Development Law and Climate Change
Lesson 4: Sustainable Development and Climate Change
It is well recognized that the climate change phenomenon has never been just an ‘environmental’ issue, as traditionally conceived. As a consequence, the ‘Climate Change Regime,’ from the outset, had a breadth and a contextual richness that went far beyond international environmental law stricto sensu. And the Climate Change Regime does not simply refer to the 1992 UN Framework Convention, the 1997 Kyoto Protocol and the work of the subordinate bodies established thereunder, either. To construe it in this way would be a gross simplification of the developing polity on climate change, and would also ignore the variety and complexity of the interactions and issues that permeate the climate change agenda. Rather, the Climate Change Regime consists of many official, semi‑official and non-official commercial, scientific and ‘public-interest’ communities that interact with and seek to influence the legal and political developments. It includes scientific cooperation bodies, such as the Intergovernmental Panel on Climate Change (IPCC), whose reports have proved an increasingly scientific basis for international action, as well as important NGOs and aboriginal communities who efforts to seek stronger commitments from sometimes recalcitrant governments and companies and engage in monitoring have been invaluable in developing international and domestic law on climate change.
Lesson 4: Sustainable Development and Climate Change
Climate change is one of the core areas of the emerging international and national law on sustainable development. The preamble to the United Nations Framework Convention on Climate Change affirms that “responses to climate change should be coordinated with social and economic development in an integrated manner with a view to avoiding adverse impacts on the latter, taking into full account the legitimate priority needs of developing countries for the achievement of sustained economic growth and the eradication of poverty.” Some have even gone so far as to say that the international response to climate change, along with the 1992 Convention on Biological Diversity, affirms “the place of ‘sustainable development’ in international law.”
Lesson 4: Sustainable Development and Climate Change
Three general observations can be made about international and national efforts to address climate change through the development of sustainable development law.
Lesson 4: Sustainable Development and Climate Change
First, the United Nations Framework Convention on Climate Change represents one of the most important attempts to balance between the serious concerns of different groups of developed and developing countries, with regards to the economic development strategies and industries of them all. This is particularly important in the treaty negotiations and continued efforts to refine the treaty, since the negotiations embraces both Northern and Southern concerns in a delicate balance, giving neither undue pre‑eminence to the global over the regional, national or local, nor ignoring the magnitude of the global problem. The Convention encourages continuing dialogue between and within developed and developing states and seeks to promote active negotiations between the parties. It involves differentiated moral and legal obligations on the countries party to the treaty. In addition, at a more substantive level, the United Nations Framework Convention on Climate Change represents evidence of the importance, if not legal necessity, of adopting a more integrated approach to international issues. Most may not want to go as far as former Vice-President Weeramantry in his separate opinion in Gabcikovo-Nagymaros (1997), where he puts forward his idea of sustainable development acting almost as a legal bridge between the right to development and the right to environmental protection, but nevertheless most would accept the emerging normative significance of Principle 4 of the Rio Declaration in this regard. As Principle 4 notes, “environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.” Integration is at the heart of sustainable development and, as this chapter will make clear, it may be sustainable development’s most important contribution to the legal
It is well recognized that the climate change phenomenon has never been just an ‘environmental’ issue, as traditionally conceived. As a consequence, the ‘Climate Change Regime,’ from the outset, had a breadth and a contextual richness that went far beyond international environmental law stricto sensu. And the Climate Change Regime does not simply refer to the 1992 UN Framework Convention, the 1997 Kyoto Protocol and the work of the subordinate bodies established thereunder, either. To construe it in this way would be a gross simplification of the developing polity on climate change, and would also ignore the variety and complexity of the interactions and issues that permeate the climate change agenda. Rather, the Climate Change Regime consists of many official, semi‑official and non-official commercial, scientific and ‘public-interest’ communities that interact with and seek to influence the legal and political developments. It includes scientific cooperation bodies, such as the Intergovernmental Panel on Climate Change (IPCC), whose reports have proved an increasingly scientific basis for international action, as well as important NGOs and aboriginal communities who efforts to seek stronger commitments from sometimes recalcitrant governments and companies and engage in monitoring have been invaluable in developing international and domestic law on climate change.
Lesson 4: Sustainable Development and Climate Change
Climate change is one of the core areas of the emerging international and national law on sustainable development. The preamble to the United Nations Framework Convention on Climate Change affirms that “responses to climate change should be coordinated with social and economic development in an integrated manner with a view to avoiding adverse impacts on the latter, taking into full account the legitimate priority needs of developing countries for the achievement of sustained economic growth and the eradication of poverty.” Some have even gone so far as to say that the international response to climate change, along with the 1992 Convention on Biological Diversity, affirms “the place of ‘sustainable development’ in international law.”
Lesson 4: Sustainable Development and Climate Change
Three general observations can be made about international and national efforts to address climate change through the development of sustainable development law.
Lesson 4: Sustainable Development and Climate Change
First, the United Nations Framework Convention on Climate Change represents one of the most important attempts to balance between the serious concerns of different groups of developed and developing countries, with regards to the economic development strategies and industries of them all. This is particularly important in the treaty negotiations and continued efforts to refine the treaty, since the negotiations embraces both Northern and Southern concerns in a delicate balance, giving neither undue pre‑eminence to the global over the regional, national or local, nor ignoring the magnitude of the global problem. The Convention encourages continuing dialogue between and within developed and developing states and seeks to promote active negotiations between the parties. It involves differentiated moral and legal obligations on the countries party to the treaty. In addition, at a more substantive level, the United Nations Framework Convention on Climate Change represents evidence of the importance, if not legal necessity, of adopting a more integrated approach to international issues. Most may not want to go as far as former Vice-President Weeramantry in his separate opinion in Gabcikovo-Nagymaros (1997), where he puts forward his idea of sustainable development acting almost as a legal bridge between the right to development and the right to environmental protection, but nevertheless most would accept the emerging normative significance of Principle 4 of the Rio Declaration in this regard. As Principle 4 notes, “environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.” Integration is at the heart of sustainable development and, as this chapter will make clear, it may be sustainable development’s most important contribution to the legal
#2 World Bank Carbon Financing
Lesson 2G: The World Bank Carbon Finance Programme, and Prototype Carbon Fund
The World Bank's carbon finance programme is part of a series of initiatives to contribute to the global effort to combat climate change, and to the Bank's mission to reduce poverty and improve living standards in the developing world. The threat climate change poses to long-term development and the ability of the poor to escape from poverty is of particular concern to the World Bank. The impacts of climate change could unravel many of the development gains of the last several decades.
The World Bank is therefore trying to ensure that developing countries and economies in transition can benefit from international efforts to address climate change, including the emerging carbon market for greenhouse gas emission reductions. Their stated mission is to “catalyze a global carbon market through the purchase of high quality emission reductions in climate-friendly projects in developing countries and economies in transition”. The Carbon Finance Programme is the first large scale initiative that seeks to catalyze private sector investments to address a global environmental issue.
Lesson 2G: The World Bank Carbon Finance Programme, and Prototype Carbon Fund
The Prototype Carbon Fund (PCF) is a partnership between 17 companies and 6 governments, managed by the World Bank, which became operational in April 2000. As the first carbon fund, its mission is to pioneer the market for project-based greenhouse gas emission reductions while promoting sustainable development and offering a learning-by-doing opportunity to its stakeholders. The PCF will pilot production of Emission Reductions within the framework of Joint Implementation (JI) and the Clean Development Mechanism (CDM). The PCF will invest contributions made by companies and governments in projects designed to produce Emission Reductions fully consistent with the Kyoto Protocol and the emerging framework for JI and the CDM. Contributors, or "Participants" in the PCF, will receive a pro rata share of the Emission Reductions, verified and certified in accordance with agreements reached with the respective countries "hosting" the projects. Canada has contributed millions of dollars to the PCF, and expected to received certified carbon emission reduction credits to help it meet its Kyoto Protocol targets once the Protocol enters into force.
Lesson 2 Summary
In this Lesson, you learned about the terms and applicability of the United Nations Framework Convention on Climate Change.
You learned about the terms and applicability of the Kyoto Protocol to the United Nations Framework Convention on Climate Change.
You also learned about Joint Implementation and Clean Development Mechanisms.
Finally, you learned about controversies within the international climate change system.
The World Bank's carbon finance programme is part of a series of initiatives to contribute to the global effort to combat climate change, and to the Bank's mission to reduce poverty and improve living standards in the developing world. The threat climate change poses to long-term development and the ability of the poor to escape from poverty is of particular concern to the World Bank. The impacts of climate change could unravel many of the development gains of the last several decades.
The World Bank is therefore trying to ensure that developing countries and economies in transition can benefit from international efforts to address climate change, including the emerging carbon market for greenhouse gas emission reductions. Their stated mission is to “catalyze a global carbon market through the purchase of high quality emission reductions in climate-friendly projects in developing countries and economies in transition”. The Carbon Finance Programme is the first large scale initiative that seeks to catalyze private sector investments to address a global environmental issue.
Lesson 2G: The World Bank Carbon Finance Programme, and Prototype Carbon Fund
The Prototype Carbon Fund (PCF) is a partnership between 17 companies and 6 governments, managed by the World Bank, which became operational in April 2000. As the first carbon fund, its mission is to pioneer the market for project-based greenhouse gas emission reductions while promoting sustainable development and offering a learning-by-doing opportunity to its stakeholders. The PCF will pilot production of Emission Reductions within the framework of Joint Implementation (JI) and the Clean Development Mechanism (CDM). The PCF will invest contributions made by companies and governments in projects designed to produce Emission Reductions fully consistent with the Kyoto Protocol and the emerging framework for JI and the CDM. Contributors, or "Participants" in the PCF, will receive a pro rata share of the Emission Reductions, verified and certified in accordance with agreements reached with the respective countries "hosting" the projects. Canada has contributed millions of dollars to the PCF, and expected to received certified carbon emission reduction credits to help it meet its Kyoto Protocol targets once the Protocol enters into force.
Lesson 2 Summary
In this Lesson, you learned about the terms and applicability of the United Nations Framework Convention on Climate Change.
You learned about the terms and applicability of the Kyoto Protocol to the United Nations Framework Convention on Climate Change.
You also learned about Joint Implementation and Clean Development Mechanisms.
Finally, you learned about controversies within the international climate change system.
Lesson 2: International and National Legal Issues
Lesson 2A: The UNFCCC
The United Nations Framework Convention on Climate Change (UNFCCC) entered into force in 1994. At present, there are 193 State Parties to the UNFCCC. Under the UNFCCC, State Parties have the following binding obligations:
According to “their common but differentiated responsibilities”:
Publish emissions of greenhouse gases.
Create national and/or regional policies to mitigate against climate change and adapt to the effects of climate change. Additionally, State Parties are required to incorporate climate change considerations in all aspects of their legal, legislative, and regulatory policies.
Lesson 2A: The UNFCCC
Promote technology and information transfer, especially in industries that are involved in greenhouse gas emissions.
Promote and cooperate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non-governmental organizations”
Developed countries that are State Parties are required to adopt policies that will result in a reduction in their greenhouse gas emissions. Additionally, developed country State Parties are required to provide financial assistance to developing countries that seek to fulfill their greenhouse gas emissions requirements.
Lesson 2B: State Party Responses to UNFCCC
In response to State Party obligations under the UNFCCC, a number of State Parties, particularly least developed countries, have completed and submitted National Adaptation Programmes of Action, which identify the ways in which these States plan to adapt to the effects of climate change across many policy levels. These plans include legal changes and regulations that are geared toward helping the State adapt to climate change.
Building on the responsibilities set out in the UNFCCC, the State Parties enacted the Kyoto Protocol in order to further the legal goals of the UNFCCC.
Lesson 2C: The Kyoto Protocol
The Kyoto Protocol entered into force in 2005. At present, there are 190 State Parties to the Kyoto Protocol. Under the Kyoto Protocol, State Parties have the following binding obligations:
Developed countries are required to reduce their greenhouse gas emissions – including carbon – to set percentages of their 1990 emission rates.
Lesson 2C: The Kyoto Protocol
In order to meet these goals, a carbon trading system framework was created under the Kyoto Protocol. Included in this framework are the Clean Development Mechanism (CDM) and Joint Implementation (JI), mechanisms through which developed states can earn additional carbon credits for funding clean projects that assist developing or other developed countries in meeting their carbon emissions targets.
Additionally, the State Party responsibilities to monitor and implement national and local laws related to climate change, as set out in the UNFCCC, are stressed and amplified. Again, these requirements are subject to the common but differentiated responsibilities standard that was used in the UNFCCC.
Lesson 2C: Joint Implementation
Article 6 of the Kyoto protocol describes joint implementation between Annex 1 countries in these words: “For the purpose of meeting its commitments under Article 3, any Party included in Annex 1 may transfer to, or acquire from, any other such party emission reduction units resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy…”
Lesson 2D: The Clean Development Mechanisms
Article 12 of the Kyoto Protocol establishes a clean development mechanism which objective is to “assist Parties not included in Annex 1 in achieving sustainable development and in contributing to the ultimate objective of the Convention and to assist Parties included in Annex 1 in achieving compliance with their quantified emission limitation and reduction commitments…”
Lesson 2D: The Clean Development Mechanisms
This mechanism thus allows:
This mechanism thus allows:
The Parties not in Annex 1 and that are not yet engaged in quantified reductions of GHG to benefit from activities executed within their territories which will translate into certified emissions reduction.
The Annex 1 parties to use the certified emissions reduction thus obtained to fulfill their engagement.
The CDM follows a logic of compensation, which supposes that the credited emissions reductions are real, quantifiable and link to a specific operation.
Lesson 2E: Carbon Sinks: A Controversial Topic
Another disputed question is whether, within the CDM, only projects reducing GHG emissions will be credited or if projects which remove existing or future carbon dioxide from the atmosphere, such as reforestation, should also be included.
Although joint implementation within the Annex 1 countries, as mentioned in Article 6 of the Protocol, includes “ any such projects provides a reduction in emissions by sources, or an enhancement of removals by sinks…”, the inclusions of sequestration projects is an ongoing debate within the CDM framework. Indeed, the option is not expressly mentioned in Article 12, which only talks about “emissions reduction”. It is completely silent on the option of using carbon sinks. A strict interpretation of Article 12 can thus, lead to exclude carbon sequestration from the field of CDMs. However, the question has not yet been settled.
Lesson 2E: Carbon Sinks: A Controversial Topic
It is appropriate to note that, during the pilot phase, joint activities of carbon sequestration have been registered.
Consequently, it is certain that carbon sinks implemented in developing countries will be included in the Kyoto flexible mechanisms, either as joint implementation or as clean development mechanisms, in the hypothesis that a larger interpretation is given to Article 12.
Lesson 2F: Other Controversies related to the Clean Development Mechanism
The United Nations Framework Convention on Climate Change (UNFCCC) entered into force in 1994. At present, there are 193 State Parties to the UNFCCC. Under the UNFCCC, State Parties have the following binding obligations:
According to “their common but differentiated responsibilities”:
Publish emissions of greenhouse gases.
Create national and/or regional policies to mitigate against climate change and adapt to the effects of climate change. Additionally, State Parties are required to incorporate climate change considerations in all aspects of their legal, legislative, and regulatory policies.
Lesson 2A: The UNFCCC
Promote technology and information transfer, especially in industries that are involved in greenhouse gas emissions.
Promote and cooperate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non-governmental organizations”
Developed countries that are State Parties are required to adopt policies that will result in a reduction in their greenhouse gas emissions. Additionally, developed country State Parties are required to provide financial assistance to developing countries that seek to fulfill their greenhouse gas emissions requirements.
Lesson 2B: State Party Responses to UNFCCC
In response to State Party obligations under the UNFCCC, a number of State Parties, particularly least developed countries, have completed and submitted National Adaptation Programmes of Action, which identify the ways in which these States plan to adapt to the effects of climate change across many policy levels. These plans include legal changes and regulations that are geared toward helping the State adapt to climate change.
Building on the responsibilities set out in the UNFCCC, the State Parties enacted the Kyoto Protocol in order to further the legal goals of the UNFCCC.
Lesson 2C: The Kyoto Protocol
The Kyoto Protocol entered into force in 2005. At present, there are 190 State Parties to the Kyoto Protocol. Under the Kyoto Protocol, State Parties have the following binding obligations:
Developed countries are required to reduce their greenhouse gas emissions – including carbon – to set percentages of their 1990 emission rates.
Lesson 2C: The Kyoto Protocol
In order to meet these goals, a carbon trading system framework was created under the Kyoto Protocol. Included in this framework are the Clean Development Mechanism (CDM) and Joint Implementation (JI), mechanisms through which developed states can earn additional carbon credits for funding clean projects that assist developing or other developed countries in meeting their carbon emissions targets.
Additionally, the State Party responsibilities to monitor and implement national and local laws related to climate change, as set out in the UNFCCC, are stressed and amplified. Again, these requirements are subject to the common but differentiated responsibilities standard that was used in the UNFCCC.
Lesson 2C: Joint Implementation
Article 6 of the Kyoto protocol describes joint implementation between Annex 1 countries in these words: “For the purpose of meeting its commitments under Article 3, any Party included in Annex 1 may transfer to, or acquire from, any other such party emission reduction units resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy…”
Lesson 2D: The Clean Development Mechanisms
Article 12 of the Kyoto Protocol establishes a clean development mechanism which objective is to “assist Parties not included in Annex 1 in achieving sustainable development and in contributing to the ultimate objective of the Convention and to assist Parties included in Annex 1 in achieving compliance with their quantified emission limitation and reduction commitments…”
Lesson 2D: The Clean Development Mechanisms
This mechanism thus allows:
This mechanism thus allows:
The Parties not in Annex 1 and that are not yet engaged in quantified reductions of GHG to benefit from activities executed within their territories which will translate into certified emissions reduction.
The Annex 1 parties to use the certified emissions reduction thus obtained to fulfill their engagement.
The CDM follows a logic of compensation, which supposes that the credited emissions reductions are real, quantifiable and link to a specific operation.
Lesson 2E: Carbon Sinks: A Controversial Topic
Another disputed question is whether, within the CDM, only projects reducing GHG emissions will be credited or if projects which remove existing or future carbon dioxide from the atmosphere, such as reforestation, should also be included.
Although joint implementation within the Annex 1 countries, as mentioned in Article 6 of the Protocol, includes “ any such projects provides a reduction in emissions by sources, or an enhancement of removals by sinks…”, the inclusions of sequestration projects is an ongoing debate within the CDM framework. Indeed, the option is not expressly mentioned in Article 12, which only talks about “emissions reduction”. It is completely silent on the option of using carbon sinks. A strict interpretation of Article 12 can thus, lead to exclude carbon sequestration from the field of CDMs. However, the question has not yet been settled.
Lesson 2E: Carbon Sinks: A Controversial Topic
It is appropriate to note that, during the pilot phase, joint activities of carbon sequestration have been registered.
Consequently, it is certain that carbon sinks implemented in developing countries will be included in the Kyoto flexible mechanisms, either as joint implementation or as clean development mechanisms, in the hypothesis that a larger interpretation is given to Article 12.
Lesson 2F: Other Controversies related to the Clean Development Mechanism
Lesson 1: Social, Economic and Environmental Aspects of Climate Change Law and Policy
Lesson 1A: What is Climate Change?
When we speak of climate change on a global scale, we are referring to changes in the climate of the Earth as a whole. This phenomena was once called ‘global warming’, but ‘global climate change’ is the more accurate term. It refers to an overall shift in the global climate of the Earth. This shift is caused the ‘greenhouse effect.’ The green house effect is the phenomenon by which the sun’s energy, in the form of radiation, is trapped in our atmosphere by particles of water and gases (commonly called the greenhouse gases, as explained below) that collect and create a shield which blocks heat from escaping.
Lesson 1A: What is Climate Change?
This warming of the air and the Earth’s surface leads to changes in heat distribution which in turn affect heat related phenomenon such as weather, water distribution, precipitation, wind patterns, etc. When the energy budget (overall ‘heat’ retention) of the planet is modified, it has an impact on the overall climate. Climate change is a change in the “average weather” that a given region experiences. Scientists estimate that, at the present rate, greenhouse gases could lead to the Earth’s temperature increasing by 1°C to 3.5°C. This might not seem much, until we consider that the difference between an ice age and the climate that we currently enjoy is a mere 2°C to 3°C, on a global level.
Lesson 1B: Greenhouse Gases and Their Effects
The “Greenhouse Effect”
The greenhouse effect is an important phenomenon that affects the global climate of the planet. The temperature of Earth is determined by the balance between the flux of incoming radiation from the sun and the amount of outgoing infrared radiation reverted back into space. This balance is what regulates the temperature on the Earth. On entering the Earth’s atmosphere, solar radiation is either absorbed or scattered. Clouds, atmospheric gases and aerosols are responsible for the scattering and absorption of solar radiation. The amount of radiation absorbed is added to the planet’s heat budget. If more radiation is entering than leaving, slowly the global temperature increases and this leads to an enhanced greenhouse effect.
Lesson 1A: What is Climate Change?
When we speak of climate change on a global scale, we are referring to changes in the climate of the Earth as a whole. This phenomena was once called ‘global warming’, but ‘global climate change’ is the more accurate term. It refers to an overall shift in the global climate of the Earth. This shift is caused the ‘greenhouse effect.’ The green house effect is the phenomenon by which the sun’s energy, in the form of radiation, is trapped in our atmosphere by particles of water and gases (commonly called the greenhouse gases, as explained below) that collect and create a shield which blocks heat from escaping.
Lesson 1A: What is Climate Change?
This warming of the air and the Earth’s surface leads to changes in heat distribution which in turn affect heat related phenomenon such as weather, water distribution, precipitation, wind patterns, etc. When the energy budget (overall ‘heat’ retention) of the planet is modified, it has an impact on the overall climate. Climate change is a change in the “average weather” that a given region experiences. Scientists estimate that, at the present rate, greenhouse gases could lead to the Earth’s temperature increasing by 1°C to 3.5°C. This might not seem much, until we consider that the difference between an ice age and the climate that we currently enjoy is a mere 2°C to 3°C, on a global level.
Lesson 1B: Greenhouse Gases and Their Effects
The “Greenhouse Effect”
The greenhouse effect is an important phenomenon that affects the global climate of the planet. The temperature of Earth is determined by the balance between the flux of incoming radiation from the sun and the amount of outgoing infrared radiation reverted back into space. This balance is what regulates the temperature on the Earth. On entering the Earth’s atmosphere, solar radiation is either absorbed or scattered. Clouds, atmospheric gases and aerosols are responsible for the scattering and absorption of solar radiation. The amount of radiation absorbed is added to the planet’s heat budget. If more radiation is entering than leaving, slowly the global temperature increases and this leads to an enhanced greenhouse effect.
Saturday, February 12, 2011
Koch Fertilizer Canada,Brandon Manitoba
Koch Fertilizer Canada, ULC owns a fertilizer complex in Brandon, Manitoba, and product
distribution terminals in Watson and Tuxford, Saskatchewan, and Oak Bluff, Manitoba. The
company and its affiliates, including Koch Nitrogen Company LLC, have the capability to
manufacture, market and distribute more than 10 million metric tons of fertilizer products
annually.
Safety and Environmental Commitment
Koch companies are committed to operating their businesses......Nitorgen,fertilzer,Brandon,Manitoba- water, too much nitrogen..
distribution terminals in Watson and Tuxford, Saskatchewan, and Oak Bluff, Manitoba. The
company and its affiliates, including Koch Nitrogen Company LLC, have the capability to
manufacture, market and distribute more than 10 million metric tons of fertilizer products
annually.
Safety and Environmental Commitment
Koch companies are committed to operating their businesses......Nitorgen,fertilzer,Brandon,Manitoba- water, too much nitrogen..
Koch Brothers Positioned To Be Big Winners If Keystone XL Pipeline Is Approved | SolveClimate News
Koch Brothers Positioned To Be Big Winners If Keystone XL Pipeline Is Approved SolveClimate
Newsa permit for the Keystone XL to be granted, he would be handing a big victory and great financial opportunity to Charles and David Koch, his bitterest political enemies and among the most powerful opponents of his clean economy agenda.
The two brothers together own virtually all of Koch Industries Inc. — a giant oil conglomerate headquartered in Wichita, Kan., with annual revenues estimated to be $100 billion.
A SolveClimate News analysis, based on publicly available records, shows that Koch Industries is already responsible for close to 25 percent of the oil sands crude that is imported into the United States, and is well-positioned to benefit from increasing Canadian oil imports.
A Koch Industries operation in Calgary, Alberta, called Flint Hills Resources Canada LP, supplies about 250,000 barrels of tar sands oil a day to a heavy oil refinery in Minnesota, also owned by the Koch brothers.
Flint Hills Resources Canada also operates a crude oil terminal in Hardisty, Alberta, the starting point of the proposed Keystone XL pipeline.
The company's website says it is "among Canada's largest crude oil purchasers, shippers
Newsa permit for the Keystone XL to be granted, he would be handing a big victory and great financial opportunity to Charles and David Koch, his bitterest political enemies and among the most powerful opponents of his clean economy agenda.
The two brothers together own virtually all of Koch Industries Inc. — a giant oil conglomerate headquartered in Wichita, Kan., with annual revenues estimated to be $100 billion.
A SolveClimate News analysis, based on publicly available records, shows that Koch Industries is already responsible for close to 25 percent of the oil sands crude that is imported into the United States, and is well-positioned to benefit from increasing Canadian oil imports.
A Koch Industries operation in Calgary, Alberta, called Flint Hills Resources Canada LP, supplies about 250,000 barrels of tar sands oil a day to a heavy oil refinery in Minnesota, also owned by the Koch brothers.
Flint Hills Resources Canada also operates a crude oil terminal in Hardisty, Alberta, the starting point of the proposed Keystone XL pipeline.
The company's website says it is "among Canada's largest crude oil purchasers, shippers
Carbon credits 'stolen'
Carbon credits 'stolen'
The European Commission suspended most of its Emissions Trading Scheme following the disclosure of a theft of 475,000 E.U. carbon dioxide emissions allowances (EUAs) from the Czech Republic's carbon registry. The EUAs, worth around 7 million euros, were transferred to an account in Poland, then Estonia, and then Lichtenstein, before disappearing.
It isn't the first scandal to hit the carbon market.
"This theft and a hacking attack on the Austrian registry on January 10 follows a raft of scandals to hit the market in the past two years, including VAT fraud, a phishing scam, and the resale of used carbon credits," states Reuters.
Kjersti Ulset, Manager European Carbon Market at Point Carbon, says the theft, while serious, represents only a small proportion of the market.
"Hacking attacks of this type have also occurred elsewhere within the EU in the recent past," said Ulset in a statement. "Although such incidents are negligible in terms of actual market impact they will over time undermine the credibility of carbon trading as a policy measure to reduce emissions in Europe. Immediate actions to improve the security of EU registries are thus needed."
The European Commission suspended most of its Emissions Trading Scheme following the disclosure of a theft of 475,000 E.U. carbon dioxide emissions allowances (EUAs) from the Czech Republic's carbon registry. The EUAs, worth around 7 million euros, were transferred to an account in Poland, then Estonia, and then Lichtenstein, before disappearing.
It isn't the first scandal to hit the carbon market.
"This theft and a hacking attack on the Austrian registry on January 10 follows a raft of scandals to hit the market in the past two years, including VAT fraud, a phishing scam, and the resale of used carbon credits," states Reuters.
Kjersti Ulset, Manager European Carbon Market at Point Carbon, says the theft, while serious, represents only a small proportion of the market.
"Hacking attacks of this type have also occurred elsewhere within the EU in the recent past," said Ulset in a statement. "Although such incidents are negligible in terms of actual market impact they will over time undermine the credibility of carbon trading as a policy measure to reduce emissions in Europe. Immediate actions to improve the security of EU registries are thus needed."
Powerpoint of Enviromental Change
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Canada heeds softwood lumber ruling
AFP: Canada heeds softwood lumber ruling
Canada heeds softwood lumber ruling
(AFP) – 18 hours ago
OTTAWA — Canada will increase export charges on softwood lumber to the United States, the government said Friday after an arbitration court ruled it had wrongly subsidized lumber exports.
The London Court of International Arbitration last month supported US claims that Canada broke the terms of a five-year-old agreement on bilateral lumber trade.
After reviewing the decision, Trade Minister Peter Van Loan said the tribunal ruled that "loan guarantee programs that specifically benefit the softwood lumber industry contravene the Softwood Lumber Agreement."
To bring Canada into compliance with the pact, he said Ottawa will implement additional export charges of 0.1 percent and 2.6 percent for Ontario and Quebec, respectively.
"The government will complete the necessary steps in parliament to implement these additional charges as of March 1, 2011," the minister added.
Van Loan did not specify the amount of the charges, but the office of the US Trade Representative said last month Canada faced additional export levies of $59.4 million for violating the 2006 pact.
The complaint was the second by Washington against Ottawa over the lumber pact that has gone to arbitration.
The first, in 2007, was over Canada's miscalculation of export quotas and resulted in a $68 million fine.
The USTR lodged a third complaint last month, alleging that the province of British Columbia was setting an artificially low price for timber from public lands sold to lumber exporters -- which Van Loan rejected.
Canada heeds softwood lumber ruling
(AFP) – 18 hours ago
OTTAWA — Canada will increase export charges on softwood lumber to the United States, the government said Friday after an arbitration court ruled it had wrongly subsidized lumber exports.
The London Court of International Arbitration last month supported US claims that Canada broke the terms of a five-year-old agreement on bilateral lumber trade.
After reviewing the decision, Trade Minister Peter Van Loan said the tribunal ruled that "loan guarantee programs that specifically benefit the softwood lumber industry contravene the Softwood Lumber Agreement."
To bring Canada into compliance with the pact, he said Ottawa will implement additional export charges of 0.1 percent and 2.6 percent for Ontario and Quebec, respectively.
"The government will complete the necessary steps in parliament to implement these additional charges as of March 1, 2011," the minister added.
Van Loan did not specify the amount of the charges, but the office of the US Trade Representative said last month Canada faced additional export levies of $59.4 million for violating the 2006 pact.
The complaint was the second by Washington against Ottawa over the lumber pact that has gone to arbitration.
The first, in 2007, was over Canada's miscalculation of export quotas and resulted in a $68 million fine.
The USTR lodged a third complaint last month, alleging that the province of British Columbia was setting an artificially low price for timber from public lands sold to lumber exporters -- which Van Loan rejected.
Monday, February 7, 2011
Sugar Tariffs,Canada & Central America
Canada - Central America Four (CA4)
The purpose of Canada's free trade agenda is to enhance its economic prosperity and help provide the foundation for sustainable economic and social development. Canada's regional and bilateral trade agreements are a means to ensure that its exporters and investors have competitive terms of access to international markets. A free trade agreement with the Central American Four countries (Honduras, El Salvador, Guatemala and Nicaragua – the CA4) would strengthen the commercial relationship between Canada and the CA4 countries. An agreement would not only help to preserve the competitive position of Canadian exporters and investors in the region, it would also create new opportunities for growth in these markets.
The purpose of Canada's free trade agenda is to enhance its economic prosperity and help provide the foundation for sustainable economic and social development. Canada's regional and bilateral trade agreements are a means to ensure that its exporters and investors have competitive terms of access to international markets. A free trade agreement with the Central American Four countries (Honduras, El Salvador, Guatemala and Nicaragua – the CA4) would strengthen the commercial relationship between Canada and the CA4 countries. An agreement would not only help to preserve the competitive position of Canadian exporters and investors in the region, it would also create new opportunities for growth in these markets.
Saturday, February 5, 2011
CISDL
Open Invitation
The Centre for International Sustainable Development Law is pleased to invite you to an expert panel discussion on the topic of international law and climate change, at the McGill University Faculty of Law, on Tuesday February 8th, 2011. The event will focus on the outcomes of recent international negotiations and future perspectives for an international climate change regime.
4-5:30pm Law Old Chancellor Day Hall, 3644 Peel St. Room 16
The Centre for International Sustainable Development Law is pleased to invite you to an expert panel discussion on the topic of international law and climate change, at the McGill University Faculty of Law, on Tuesday February 8th, 2011. The event will focus on the outcomes of recent international negotiations and future perspectives for an international climate change regime.
4-5:30pm Law Old Chancellor Day Hall, 3644 Peel St. Room 16
Monday, January 31, 2011
Aerospace & Defence - WTO rules Boeing had illegal subsidies
FT.com / Companies / Aerospace & Defence - WTO rules Boeing had illegal subsidies
WTO rules Boeing had illegal subsidies
By Peggy Hollinger in Paris, Nikki Tait in Brussels, Hal Weitzman in Chicago and Robin Harding in Washington
Published: January 31 2011 22:23 | Last updated: January 31 2011 22:23
Boeing’s flagship 787 Dreamliner has benefited from illegal US government subsidies that have distorted market competition, according to the World Trade Organisation.
The ruling, which will not be published for several weeks, marks a key moment in a bitter six-year trade dispute that has pitched the European Union against the US over the funding of their respective aircraft makers.
EDITOR’S CHOICE
Dreamliner delays to hit Boeing profits - Jan-26.Southwest warns on switch to Airbus - Jan-20.Boeing pushes back Dreamliner delivery - Jan-18.Airbus edges ahead of Boeing in orders - Jan-17..In June, the WTO ruled that Airbus, the Franco-German aircraft maker, had also benefited from illegal aid in the form of repayable loans linked to export sales in the development of its A380 superjumbo.
The two rulings will now step up the pressure on politicians from both sides to negotiate a settlement and find a new agreement on the acceptable form for state aid.
The current row, the largest trade dispute ever brought before the WTO, was sparked when the US government abandoned a previous accord hammered out in 1992.
But the arrival of new, aggressive competitors, such as Brazil and China, is making the need for common rules on the financing of new aircraft more pressing, say industry executives.
The European Commission welcomed the findings, which will remain confidential until formally published in the next few weeks. A spokesman for EU trade commissioner Karel de Gucht said it was a “solid report” that “sheds further light on the negative consequences for the EU industry of these US subsidies and provides a timely element of balance in this long-running dispute”.
Airbus claimed that the ruling found at least $5bn in US government aid illegal – much of which was channelled through the Department of Defense and the Nasa space agency.
In addition, a further $2bn in state and local subsidies were deemed unfair, the group said. The aircraft maker said the report would show that Boeing could not have launched its rival to Airbus’s A380, the 787 Dreamliner, without this illegal aid, which it claimed had cost it $45bn in lost sales.
Boeing said the report would show that the WTO had rejected almost all of Europe’s claims against the US, including the vast majority of its R&D claims. “Nothing in today’s reports even begins to compare to the $20bn in illegal subsidies that the WTO found last June that Airbus/EADS has received,” it said.
The US government also rejected the European claim of victory. Nefeterius McPherson, spokesman for Ron Kirk, the US trade representative, said the US was “confident that the WTO will confirm the US view that European subsidies to Airbus dwarf any subsidies that the US provided to Boeing.”
Both sides are appealing against the WTO’s decision last year on European aid to Airbus. They are also expected to appeal against the latest decision on US aid to Boeing. Each side will have 60 days to appeal.
.Copyright The Financial Times Limited 2011. You may share
WTO rules Boeing had illegal subsidies
By Peggy Hollinger in Paris, Nikki Tait in Brussels, Hal Weitzman in Chicago and Robin Harding in Washington
Published: January 31 2011 22:23 | Last updated: January 31 2011 22:23
Boeing’s flagship 787 Dreamliner has benefited from illegal US government subsidies that have distorted market competition, according to the World Trade Organisation.
The ruling, which will not be published for several weeks, marks a key moment in a bitter six-year trade dispute that has pitched the European Union against the US over the funding of their respective aircraft makers.
EDITOR’S CHOICE
Dreamliner delays to hit Boeing profits - Jan-26.Southwest warns on switch to Airbus - Jan-20.Boeing pushes back Dreamliner delivery - Jan-18.Airbus edges ahead of Boeing in orders - Jan-17..In June, the WTO ruled that Airbus, the Franco-German aircraft maker, had also benefited from illegal aid in the form of repayable loans linked to export sales in the development of its A380 superjumbo.
The two rulings will now step up the pressure on politicians from both sides to negotiate a settlement and find a new agreement on the acceptable form for state aid.
The current row, the largest trade dispute ever brought before the WTO, was sparked when the US government abandoned a previous accord hammered out in 1992.
But the arrival of new, aggressive competitors, such as Brazil and China, is making the need for common rules on the financing of new aircraft more pressing, say industry executives.
The European Commission welcomed the findings, which will remain confidential until formally published in the next few weeks. A spokesman for EU trade commissioner Karel de Gucht said it was a “solid report” that “sheds further light on the negative consequences for the EU industry of these US subsidies and provides a timely element of balance in this long-running dispute”.
Airbus claimed that the ruling found at least $5bn in US government aid illegal – much of which was channelled through the Department of Defense and the Nasa space agency.
In addition, a further $2bn in state and local subsidies were deemed unfair, the group said. The aircraft maker said the report would show that Boeing could not have launched its rival to Airbus’s A380, the 787 Dreamliner, without this illegal aid, which it claimed had cost it $45bn in lost sales.
Boeing said the report would show that the WTO had rejected almost all of Europe’s claims against the US, including the vast majority of its R&D claims. “Nothing in today’s reports even begins to compare to the $20bn in illegal subsidies that the WTO found last June that Airbus/EADS has received,” it said.
The US government also rejected the European claim of victory. Nefeterius McPherson, spokesman for Ron Kirk, the US trade representative, said the US was “confident that the WTO will confirm the US view that European subsidies to Airbus dwarf any subsidies that the US provided to Boeing.”
Both sides are appealing against the WTO’s decision last year on European aid to Airbus. They are also expected to appeal against the latest decision on US aid to Boeing. Each side will have 60 days to appeal.
.Copyright The Financial Times Limited 2011. You may share
Alberta-tar-sands-trade-agreement
http://www.guardian.co.uk/environment/2011/jan/31/alberta-tar-sands-trade-agreement
Trade talks between Europe and Canada could leave the door open to companies suing states for losses incurred by efforts to fight climate change, campaigners claimed today.
The warning, backed by an MEP and a law expert, came as 10 protesters unsuccessfully attempted to talk to the Canadian energy minister, Ron Liepert, this morning during a visit to London for a meeting with Lord Howell, the UK minister for the Commonwealth.
Liepert is visiting the UK and Belgium to promote tar sands in the Canadian province of Alberta as a "leading source of secure energy". The protesters tried unsuccessfully to gain access to the Canadian high commission on Grosvenor Square.
Concern is focused on the Comprehensive Economic Trade Agreement (Ceta), a trade deal which Canada and the EU have been negotiating for the last two years and which they hope to finally sign in 2012. Campaigners say Ceta could affect governments' rights to regulate themselves and could also open the door for tar sands oil to be imported into Europe.
The agreement, which is in draft form, includes a clause allowing corporations to sue states for compensation if they feel their earnings have been unfairly compromised. Campaigners fear the agreement would give investors leverage against proposed changes to the EU fuel quality directive, which MEPs are reviewing to decide if it should discriminate against carbon-intensive fuel, such as tar sands oil.
"The proposed trade agreement between Canada and the EU will have a substantial impact on efforts to address the local, regional and global impacts of oil sands developments," was the conclusion drawn by lawyer
Trade talks between Europe and Canada could leave the door open to companies suing states for losses incurred by efforts to fight climate change, campaigners claimed today.
The warning, backed by an MEP and a law expert, came as 10 protesters unsuccessfully attempted to talk to the Canadian energy minister, Ron Liepert, this morning during a visit to London for a meeting with Lord Howell, the UK minister for the Commonwealth.
Liepert is visiting the UK and Belgium to promote tar sands in the Canadian province of Alberta as a "leading source of secure energy". The protesters tried unsuccessfully to gain access to the Canadian high commission on Grosvenor Square.
Concern is focused on the Comprehensive Economic Trade Agreement (Ceta), a trade deal which Canada and the EU have been negotiating for the last two years and which they hope to finally sign in 2012. Campaigners say Ceta could affect governments' rights to regulate themselves and could also open the door for tar sands oil to be imported into Europe.
The agreement, which is in draft form, includes a clause allowing corporations to sue states for compensation if they feel their earnings have been unfairly compromised. Campaigners fear the agreement would give investors leverage against proposed changes to the EU fuel quality directive, which MEPs are reviewing to decide if it should discriminate against carbon-intensive fuel, such as tar sands oil.
"The proposed trade agreement between Canada and the EU will have a substantial impact on efforts to address the local, regional and global impacts of oil sands developments," was the conclusion drawn by lawyer
Saturday, January 29, 2011
Tuesday, January 25, 2011
Cable :Brazil ,Oil,& Trade Concessions
Cable Viewer
SUBJECT: AMBASSADOR DISCUSSES BRAZILIAN OIL CONCESSION MODEL WITH DELFIM NETTO
the concession model and even more unlikely that it would choose to change the rules on existing concessions. Political and economic stability have been the cornerstones of Brazil's policies and largely led to Brazil obtaining investment grade status (Ref D). While some modification of exploration and concession rules may take place for these new "mega fields", it is doubtful the GOB would do anything to undermine the overall image of Brazil as a stable country in which to invest.
¶7. (C) Unlike Delfim Netto's view that the USG should hold off on intervening to establish these new rules, Brazil's Ministry of Mines and Energy, regulators, and US energy companies have suggested that it could instead be within this period for the USG to intervene. Indeed, Petrobras' interest in consolidating deep-sea drilling in the Gulf of Mexico and vertical integration in the US market could open an important window of opportunity for the USG. Furthermore, ANP has expressed interest in learning more about US small and medium sized energy companies operating in US states to develop a similar capacity in Brazil. They have, in fact, asked for USG assistance to travel to the US to meet with and further learn about this important part of the energy equation. Clearly, Brazil's energy sector offers new partnerships, opportunities, and increased energy security for the US. As Brazil begins to increase exploration of its newfound "pre-salt" reserves that many believe could be larger than the finds in the North Sea, the US could potentially capitalize on these new technologies to develop our own offshore exploration efforts. Early engagement may be crucial to ensuring that US firms will have opportunities in this market. END COMMENT
SUBJECT: AMBASSADOR DISCUSSES BRAZILIAN OIL CONCESSION MODEL WITH DELFIM NETTO
the concession model and even more unlikely that it would choose to change the rules on existing concessions. Political and economic stability have been the cornerstones of Brazil's policies and largely led to Brazil obtaining investment grade status (Ref D). While some modification of exploration and concession rules may take place for these new "mega fields", it is doubtful the GOB would do anything to undermine the overall image of Brazil as a stable country in which to invest.
¶7. (C) Unlike Delfim Netto's view that the USG should hold off on intervening to establish these new rules, Brazil's Ministry of Mines and Energy, regulators, and US energy companies have suggested that it could instead be within this period for the USG to intervene. Indeed, Petrobras' interest in consolidating deep-sea drilling in the Gulf of Mexico and vertical integration in the US market could open an important window of opportunity for the USG. Furthermore, ANP has expressed interest in learning more about US small and medium sized energy companies operating in US states to develop a similar capacity in Brazil. They have, in fact, asked for USG assistance to travel to the US to meet with and further learn about this important part of the energy equation. Clearly, Brazil's energy sector offers new partnerships, opportunities, and increased energy security for the US. As Brazil begins to increase exploration of its newfound "pre-salt" reserves that many believe could be larger than the finds in the North Sea, the US could potentially capitalize on these new technologies to develop our own offshore exploration efforts. Early engagement may be crucial to ensuring that US firms will have opportunities in this market. END COMMENT
Innovative Sustainability Instruments for the Green Economy: A Law & Policy Experts Panel on Strengthening Carbon Markets by Integrating the Environmental and Social Impacts of Trade & Investment
ICTSD Symposium on the Role of Trade and Markets in Addressing Climate Change and Sustainable Development at the COP16
Held on Thursday, 09 Dec 2010, Hotel Azul Sensatori, Cancun, Mexico
Summary
This law and policy experts panel focused on the role that new instruments, such as impact assessments and carbon pricing tools, can play in helping to address climate change and secure more sustainable development. It addressed questions such as what key climate change challenges have been raised in recent impact assessments of trade and investment treaties, and how are new market based instruments being deployed to address them; how can these instruments support the transition to a low carbon economy and harness trade & investment for sustainable development; and what can be learned from recent EU, Canada and US experiences, and from policy experiments in developing countries. To access the report please click here.
ICTSD Symposium on the Role of Trade and Markets in Addressing Climate Change and Sustainable Development at the COP16
Held on Thursday, 09 Dec 2010, Hotel Azul Sensatori, Cancun, Mexico
Summary
This law and policy experts panel focused on the role that new instruments, such as impact assessments and carbon pricing tools, can play in helping to address climate change and secure more sustainable development. It addressed questions such as what key climate change challenges have been raised in recent impact assessments of trade and investment treaties, and how are new market based instruments being deployed to address them; how can these instruments support the transition to a low carbon economy and harness trade & investment for sustainable development; and what can be learned from recent EU, Canada and US experiences, and from policy experiments in developing countries. To access the report please click here.
Water on BNN
While Canada has the most fresh water in the world, what are the risks that need to be managed to keep that supply clean and abundant? Headline speaks with Sandra Odendahl, Director of Corporate Environmental Affairs at RBC Financial Group; Richard Whittaker, Vice-President, Sustainable Development Technologies Canada; and Dr. Anthony Watanabe, President & CEO of Innovolve Group
Module 3-Investment law and Trade Law
In this section, the instructors will present learning modules related to economic growth and prosperity; global, regional and bilateral trade law; international investment agreements; cross-border transactions; and international financial rules and the credit crisis.
The economic growth and prosperity section will address key concepts such as the definition of trade, and key trade theories. The global, regional and bilateral trade law section will provide an overview of the key principles and rules of global, regional, and bilateral trade agreements, highlighting emerging trends of relevance to the practice of law in Canada. These regimes include the World Trade Organisation, NAFTA, and Canadian bilateral trade agreements. The international investment agreements section will provide an overview of the development of international investment agreements and investment chapters of trade agreements, of Canadian involvement in international investment agreements and bilateral investment agreements, highlighting emerging trends of relevance to the practice of law in Canada. The cross-border transactions section will provide an overview of the rules governing Canadian-US cross-border transactions, highlighting emerging trends of relevance to the practice of law in Canada. Finally, the international financial rules and the credit crisis section will provide an overview of legal elements of the recent credit crisis and the emerging international financial rules stemming from the credit crisis, highlighting emerging trends of relevance to the practice of law in Canada.
The economic growth and prosperity section will address key concepts such as the definition of trade, and key trade theories. The global, regional and bilateral trade law section will provide an overview of the key principles and rules of global, regional, and bilateral trade agreements, highlighting emerging trends of relevance to the practice of law in Canada. These regimes include the World Trade Organisation, NAFTA, and Canadian bilateral trade agreements. The international investment agreements section will provide an overview of the development of international investment agreements and investment chapters of trade agreements, of Canadian involvement in international investment agreements and bilateral investment agreements, highlighting emerging trends of relevance to the practice of law in Canada. The cross-border transactions section will provide an overview of the rules governing Canadian-US cross-border transactions, highlighting emerging trends of relevance to the practice of law in Canada. Finally, the international financial rules and the credit crisis section will provide an overview of legal elements of the recent credit crisis and the emerging international financial rules stemming from the credit crisis, highlighting emerging trends of relevance to the practice of law in Canada.
Monday, January 24, 2011
Canada lobbied U.S. TransCanada’s Keystone pipeline
Canada lobbied U.S. over TransCanada’s Keystone pipeline | FP Posted | Financial Post
By Stanley Tromp
Canada’s ambassador to the United States wrote to the head of the U.S. Environmental Protection Agency last fall, asking it to disregard greenhouse gas emissions from Alberta oil extraction as it decides whether to support a proposed massive Canadian pipeline to Texas.
As well, one Alberta bureaucrat warned the EPA its greenhouse gas policies could place at risk “the longstanding energy trading relationship between our two jurisdictions.”
The letters, including one from Canadian ambassador Gary Doer to the EPA’s most senior official and copied to Hillary Clinton, U.S. Secretary of State, reveal an officially polite but tough disagreement over jurisdictional authority and greenhouse gas emissions.
PDF: Click here to read the letters.
The discord revolves around TransCanada Corp.’s proposed $8-billion, 2,673-kilometre, metre-thick Keystone XL pipeline. The pipeline would ship 500,000 barrels each day of raw bitumen from Alberta to refineries along the Gulf Coast in Texas by 2013, and has the potential to double the U.S. consumption of Canadian crude oil.
The project is staunchly opposed by environmentalists and many U.S. politicians. Calgary-based TransCanada still awaits a presidential permit from the U.S. State Department, which has to approve the pipeline because it crosses an international border. In deliberating, the State Department sought advice about the proposal from the EPA and seven other agencies.
On July 21, 2010, Cynthia Giles, the EPA’s assistant administrator for enforcement and compliance assurance, gave the State Department’s draft environmental impact statement (EIS) for Keystone XL its lowest possible rating.
Read more: http://business.financialpost.com/2011/01/23/canada-lobbies-u-s-over-transcanadas-keystone-pipeline/#ixzz1C0eaRDYC
By Stanley Tromp
Canada’s ambassador to the United States wrote to the head of the U.S. Environmental Protection Agency last fall, asking it to disregard greenhouse gas emissions from Alberta oil extraction as it decides whether to support a proposed massive Canadian pipeline to Texas.
As well, one Alberta bureaucrat warned the EPA its greenhouse gas policies could place at risk “the longstanding energy trading relationship between our two jurisdictions.”
The letters, including one from Canadian ambassador Gary Doer to the EPA’s most senior official and copied to Hillary Clinton, U.S. Secretary of State, reveal an officially polite but tough disagreement over jurisdictional authority and greenhouse gas emissions.
PDF: Click here to read the letters.
The discord revolves around TransCanada Corp.’s proposed $8-billion, 2,673-kilometre, metre-thick Keystone XL pipeline. The pipeline would ship 500,000 barrels each day of raw bitumen from Alberta to refineries along the Gulf Coast in Texas by 2013, and has the potential to double the U.S. consumption of Canadian crude oil.
The project is staunchly opposed by environmentalists and many U.S. politicians. Calgary-based TransCanada still awaits a presidential permit from the U.S. State Department, which has to approve the pipeline because it crosses an international border. In deliberating, the State Department sought advice about the proposal from the EPA and seven other agencies.
On July 21, 2010, Cynthia Giles, the EPA’s assistant administrator for enforcement and compliance assurance, gave the State Department’s draft environmental impact statement (EIS) for Keystone XL its lowest possible rating.
Read more: http://business.financialpost.com/2011/01/23/canada-lobbies-u-s-over-transcanadas-keystone-pipeline/#ixzz1C0eaRDYC
http://www.theparliament.com/latest-news/article/newsarticle/top-canadian-official-says-fta-deal-with-the-eu-is-imminent/
http://www.theparliament.com/latest-news/article/newsarticle/top-canadian-official-says-fta-deal-with-the-eu-is-imminent/
By Martin Banks - 24th January 2011
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“I expect our producers will take full advantage of this”
Ross Hornby
Canada's ambassador to the EU says he is confident a free trade agreement (FTA) with the EU will be signed this year.
Speaking in Brussels on Monday, Ross Hornby said that "rapid progress" had been made in negotiations between the two sides since talks on an FTA started in 2009.
The start of duty-free access to the EU for Canadian beef producers last November was the "first step" towards a fully-fledged FTA, said Hornby.
He was speaking at an event to mark successfully-completed negotiations to give Canada beef producers duty free access to the EU market.
This is estimated to be worth more than €7.3m annually for Canada.
Hornby said, "I am extremely pleased that Canada for the first time in 21 years has been able to regain access to the EU markets.
"I expect our producers will take full advantage of this.
"I am equally pleased to see the rapid progress in the FTA talks and I hope that 2011 will be a big year for concluding these negotiations."
By Martin Banks - 24th January 2011
--------------------------------------------------------------------------------
“I expect our producers will take full advantage of this”
Ross Hornby
Canada's ambassador to the EU says he is confident a free trade agreement (FTA) with the EU will be signed this year.
Speaking in Brussels on Monday, Ross Hornby said that "rapid progress" had been made in negotiations between the two sides since talks on an FTA started in 2009.
The start of duty-free access to the EU for Canadian beef producers last November was the "first step" towards a fully-fledged FTA, said Hornby.
He was speaking at an event to mark successfully-completed negotiations to give Canada beef producers duty free access to the EU market.
This is estimated to be worth more than €7.3m annually for Canada.
Hornby said, "I am extremely pleased that Canada for the first time in 21 years has been able to regain access to the EU markets.
"I expect our producers will take full advantage of this.
"I am equally pleased to see the rapid progress in the FTA talks and I hope that 2011 will be a big year for concluding these negotiations."
CISDL-ILA Continuing Legal Education Course in International Law
CISDL-ILA Continuing Legal Education Course in International Law
Welcome to the course page for the following module: Emerging Issues in Trade & Investment Law: Briefing for Canadian Lawyers
This module lasts approximately 5 hours, and allows for 5 CLE credits with the Quebec Bar Association.
In this section, the instructors will present learning modules related to economic growth and prosperity; global, regional and bilateral trade law; international investment agreements; cross-border transactions; and international financial rules and the credit crisis.
Please click on the links below in order to access the course content (video and power point)
Once you have finished the course, please email preynaud@cisdl.org with cc to info@cisdl.org in order to receive your certificate of completion
Welcome to the course page for the following module: Emerging Issues in Trade & Investment Law: Briefing for Canadian Lawyers
This module lasts approximately 5 hours, and allows for 5 CLE credits with the Quebec Bar Association.
In this section, the instructors will present learning modules related to economic growth and prosperity; global, regional and bilateral trade law; international investment agreements; cross-border transactions; and international financial rules and the credit crisis.
Please click on the links below in order to access the course content (video and power point)
Once you have finished the course, please email preynaud@cisdl.org with cc to info@cisdl.org in order to receive your certificate of completion
Japan Challenges Canadian Renewable Energy Incentives at WTO
http://ictsd.org/i/news/biores/99472/
Japan launched dispute settlement proceedings against Canada at the World Trade Organization on 13 September by saying that the province of Ontario’s green energy plan unfairly pressures its producers of clean power to buy hardware from local manufacturers.
Specifically, Japan is challenging Ontario’s Feed-in Tariff Program (FIT), which enables the province to subsidise electricity operators that use renewable energy produced using stringent local content requirements. The “made-in-Ontario” requirement demands that up to 60 percent of all green energy project inputs be manufactured in the province as it strives to create local jobs.
Ontario, Canada’s most populous province, launched an incentive program for renewable energy producers last October, aiming to create jobs and eliminate coal-fired power generators. The program has so far been very successful in drawing manufacturers to set up shop in Ontario. The biggest deal under the province’s green power plan involved South Korean giant Samsung Group. But many other equipment makers - based
Japan launched dispute settlement proceedings against Canada at the World Trade Organization on 13 September by saying that the province of Ontario’s green energy plan unfairly pressures its producers of clean power to buy hardware from local manufacturers.
Specifically, Japan is challenging Ontario’s Feed-in Tariff Program (FIT), which enables the province to subsidise electricity operators that use renewable energy produced using stringent local content requirements. The “made-in-Ontario” requirement demands that up to 60 percent of all green energy project inputs be manufactured in the province as it strives to create local jobs.
Ontario, Canada’s most populous province, launched an incentive program for renewable energy producers last October, aiming to create jobs and eliminate coal-fired power generators. The program has so far been very successful in drawing manufacturers to set up shop in Ontario. The biggest deal under the province’s green power plan involved South Korean giant Samsung Group. But many other equipment makers - based
US vs China re:windpower
http://ictsd.org/i/news/biores/99472/
The US last month initiated dispute proceedings against China at the WTO, alleging that Beijing’s special fund for wind power manufacturing is an illegal subsidy under international trade law.
Trade tensions between the two countries have heated up in recent months, as Washington’s request for consultations, dated 22 December, represents the second time in less than four months that it has accused China of violating WTO rules. The Obama administration has also been increasingly concerned that US companies risk falling behind their Chinese counterparts in the area of clean energy.
Beijing insists its policies are both within the bounds of WTO rules and good for the environment. The Chinese commerce ministry said in a statement on its website that it “will conscientiously study the US request for consultations, and will deal with this in accordance with WTO dispute settlement rules.”
The US last month initiated dispute proceedings against China at the WTO, alleging that Beijing’s special fund for wind power manufacturing is an illegal subsidy under international trade law.
Trade tensions between the two countries have heated up in recent months, as Washington’s request for consultations, dated 22 December, represents the second time in less than four months that it has accused China of violating WTO rules. The Obama administration has also been increasingly concerned that US companies risk falling behind their Chinese counterparts in the area of clean energy.
Beijing insists its policies are both within the bounds of WTO rules and good for the environment. The Chinese commerce ministry said in a statement on its website that it “will conscientiously study the US request for consultations, and will deal with this in accordance with WTO dispute settlement rules.”
Wednesday, January 19, 2011
‘Graying Revolution’ Reaches Low- and Middle-income Countries
News & Broadcast - ‘Graying Revolution’ Reaches Low- and Middle-income Countries
-Developing and middle-income countries must care for growing numbers of the elderly but often without enough money and experience.
-Developing and middle-income countries must care for growing numbers of the elderly but often without enough money and experience.
International Economic Law and Policy Blog: The Role of Intent in WTO Non-Discrimination Obligations
International Economic Law and Policy Blog: The Role of Intent in WTO Non-Discrimination Obligations
The role of the recovery of the dolphin and the purse seine tuna fisheries and depleting fish stocks ....
The role of the recovery of the dolphin and the purse seine tuna fisheries and depleting fish stocks ....
Monday, January 17, 2011
International Economic Law and Policy Blog: Location Subsidies for Solar Panel Production
International Economic Law and Policy Blog: Location Subsidies for Solar Panel Production
Aided by at least $43 million in assistance from the government of Massachusetts and an innovative solar energy technology, Evergreen Solar emerged in the last three years as the third-largest maker of solar panels in the United States.
But now the company is closing its main American factory, laying off the 800 workers by the end of March and shifting production to a joint venture with a Chinese company in central China. Evergreen cited the much higher government support available in China.
...
China’s real advantage lies in the ability of solar panel companies to form partnerships with local governments and then obtain loans at very low interest rates from state-owned banks.
Evergreen, with help from its partners — the Wuhan municipal government and the Hubei provincial government — borrowed two-thirds of the cost of its Wuhan factory from two Chinese banks, at an interest rate that under certain conditions could go as low as 4.8 percent, Mr. El-Hillow said in August. Best of all, no principal payments or interest payments will be due until the end of the loan in 2015.
By contrast, a $21 million grant from Massachusetts covered 5 percent of the cost of the Devens factory, and the company had to borrow the rest from banks, Mr. El-Hillow said.
Banks in the United States were reluctant to provide the rest of the money even at double-digit interest rates, partly because of the financial crisis. “Therein lies the hidden advantage of being in China,” Mr. El-Hillow said.
Aided by at least $43 million in assistance from the government of Massachusetts and an innovative solar energy technology, Evergreen Solar emerged in the last three years as the third-largest maker of solar panels in the United States.
But now the company is closing its main American factory, laying off the 800 workers by the end of March and shifting production to a joint venture with a Chinese company in central China. Evergreen cited the much higher government support available in China.
...
China’s real advantage lies in the ability of solar panel companies to form partnerships with local governments and then obtain loans at very low interest rates from state-owned banks.
Evergreen, with help from its partners — the Wuhan municipal government and the Hubei provincial government — borrowed two-thirds of the cost of its Wuhan factory from two Chinese banks, at an interest rate that under certain conditions could go as low as 4.8 percent, Mr. El-Hillow said in August. Best of all, no principal payments or interest payments will be due until the end of the loan in 2015.
By contrast, a $21 million grant from Massachusetts covered 5 percent of the cost of the Devens factory, and the company had to borrow the rest from banks, Mr. El-Hillow said.
Banks in the United States were reluctant to provide the rest of the money even at double-digit interest rates, partly because of the financial crisis. “Therein lies the hidden advantage of being in China,” Mr. El-Hillow said.
Friday, January 14, 2011
The Doha agenda
WTO | Understanding the WTO - The Doha agenda
At the Fourth Ministerial Conference in Doha, Qatar, in November 2001 WTO member governments agreed to launch new negotiations. They also agreed to work on other issues, in particular the implementation of the present agreements. The entire package is called the Doha Development Agenda (DDA).
The negotiations take place in the Trade Negotiations Committee and its subsidiaries, which are usually, either regular councils and committees meeting in “special sessions”, or specially-created negotiating groups. Other work under the work programme takes place in other WTO councils and committees.
The Fifth Ministerial Conference in Cancún, Mexico, in September 2003, was intended as a stock-taking meeting where members would agree on how to complete the rest of the negotiations. But the meeting was soured by discord on agricultural issues, including cotton, and ended in deadlock on the “Singapore issues” (see below). Real progress on the Singapore issues and agriculture was not evident until the early hours of 1 August 2004 with a set of decisions in the General Council (sometimes called the July 2004 package). The original 1 January 2005 deadline was missed. After that, members unofficially aimed to finish the negotiations by the end of 2006, again unsuccessfully. Further progress in narrowing members’ differences was made at the Hong Kong Ministerial Conference in December 2005, but some gaps remained unbridgeable and Director-General Pascal Lamy suspended the negotiations in July 2006. Efforts then focused on trying to achieve a breakthrough in early 2007.
At the Fourth Ministerial Conference in Doha, Qatar, in November 2001 WTO member governments agreed to launch new negotiations. They also agreed to work on other issues, in particular the implementation of the present agreements. The entire package is called the Doha Development Agenda (DDA).
The negotiations take place in the Trade Negotiations Committee and its subsidiaries, which are usually, either regular councils and committees meeting in “special sessions”, or specially-created negotiating groups. Other work under the work programme takes place in other WTO councils and committees.
The Fifth Ministerial Conference in Cancún, Mexico, in September 2003, was intended as a stock-taking meeting where members would agree on how to complete the rest of the negotiations. But the meeting was soured by discord on agricultural issues, including cotton, and ended in deadlock on the “Singapore issues” (see below). Real progress on the Singapore issues and agriculture was not evident until the early hours of 1 August 2004 with a set of decisions in the General Council (sometimes called the July 2004 package). The original 1 January 2005 deadline was missed. After that, members unofficially aimed to finish the negotiations by the end of 2006, again unsuccessfully. Further progress in narrowing members’ differences was made at the Hong Kong Ministerial Conference in December 2005, but some gaps remained unbridgeable and Director-General Pascal Lamy suspended the negotiations in July 2006. Efforts then focused on trying to achieve a breakthrough in early 2007.
WTO | Understanding the WTO - A unique contribution
WTO | Understanding the WTO - A unique contribution
Click the + to open an item.
Understanding the WTO
Basics
Agreements
Settling disputes
A unique contribution
The panel process
Case study
Cross-cutting and new issues
The Doha agenda
Developing countries
The organization
Abbreviations
More introductory information
> The WTO in Brief
> 10 benefits
> 10 misunderstandings
Principles: equitable, fast, effective, mutually acceptable back to top
Disputes
Click the + to open an item.
Understanding the WTO
Basics
Agreements
Settling disputes
A unique contribution
The panel process
Case study
Cross-cutting and new issues
The Doha agenda
Developing countries
The organization
Abbreviations
More introductory information
> The WTO in Brief
> 10 benefits
> 10 misunderstandings
Principles: equitable, fast, effective, mutually acceptable back to top
Disputes
WTO | 2011 News items - Geographical indications talks produce first single draft
WTO | 2011 News items - Geographical indications talks produce first single draft
Dispute settlement is the central pillar of the multilateral trading system, and the WTO’s unique contribution to the stability of the global economy. Without a means of settling disputes, the rules-based system would be less effective because the rules could not be enforced. The WTO’s procedure underscores the rule of law, and it makes the trading system more secure and predictable. The system is based on clearly-defined rules, with timetables for completing a case. First rulings are made by a panel and endorsed (or rejected) by the WTO’s full membership. Appeals based on points of law are possible.
However, the point is not to pass judgement. The priority is to settle disputes, through consultations if possible. By January 2008, only about 136 of the nearly 369 cases had reached the full panel process. Most of the rest have either been notified as settled “out of court” or remain in a prolonged consultation phase — some since 1995.
Click the + to open an item.
Understanding the WTO
Basics
Agreements
Settling disputes
A unique contribution
The panel process
Case study
Cross-cutting and new issues
The Doha agenda
Developing countries
The organization
Abbreviations
More introductory information
> The WTO in Brief
> 10 benefits
> 10 misunderstandings
Principles: equitable, fast, effective, mutually acceptable back to top
Disputes in the WTO are essentially about broken promises. WTO members have agreed that if they believe fellow-members are violating trade rules, they will use the multilateral system of settling disputes instead of taking action unilaterally. That means abiding by the agreed procedures, and respecting judgements.
A dispute arises when one country adopts a trade policy measure or takes some action that one or more fellow-WTO members considers to be breaking the WTO agreements, or to be a failure to live up to obligations. A third group of countries can declare that they have an interest in the case and enjoy some rights.
A procedure for settling disputes existed under the old GATT, but it had no fixed timetables, rulings were easier to block, and many cases dragged on for a long time inconclusively. The Uruguay Round agreement introduced a more structured process with more clearly defined stages in the procedure.
Dispute settlement is the central pillar of the multilateral trading system, and the WTO’s unique contribution to the stability of the global economy. Without a means of settling disputes, the rules-based system would be less effective because the rules could not be enforced. The WTO’s procedure underscores the rule of law, and it makes the trading system more secure and predictable. The system is based on clearly-defined rules, with timetables for completing a case. First rulings are made by a panel and endorsed (or rejected) by the WTO’s full membership. Appeals based on points of law are possible.
However, the point is not to pass judgement. The priority is to settle disputes, through consultations if possible. By January 2008, only about 136 of the nearly 369 cases had reached the full panel process. Most of the rest have either been notified as settled “out of court” or remain in a prolonged consultation phase — some since 1995.
Click the + to open an item.
Understanding the WTO
Basics
Agreements
Settling disputes
A unique contribution
The panel process
Case study
Cross-cutting and new issues
The Doha agenda
Developing countries
The organization
Abbreviations
More introductory information
> The WTO in Brief
> 10 benefits
> 10 misunderstandings
Principles: equitable, fast, effective, mutually acceptable back to top
Disputes in the WTO are essentially about broken promises. WTO members have agreed that if they believe fellow-members are violating trade rules, they will use the multilateral system of settling disputes instead of taking action unilaterally. That means abiding by the agreed procedures, and respecting judgements.
A dispute arises when one country adopts a trade policy measure or takes some action that one or more fellow-WTO members considers to be breaking the WTO agreements, or to be a failure to live up to obligations. A third group of countries can declare that they have an interest in the case and enjoy some rights.
A procedure for settling disputes existed under the old GATT, but it had no fixed timetables, rulings were easier to block, and many cases dragged on for a long time inconclusively. The Uruguay Round agreement introduced a more structured process with more clearly defined stages in the procedure.
Keep Europe Out of the Tar Sands
Let the informed people take care of it- it involves agriculture the management of the supply side.etc. The kids should study law..."It is hard to be smart when you are angry."
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