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Book Review: Big Data
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Big Data. Edited by Benoit Leclerc & Jesse Cale. Abingdon: Routledge, 2020. 148 p. Includes illustrations, bibliographic references, and index. Criminology at the Edge series. ISBN 9781138492783 (hardcover) $136.00; ISBN 9781032336992 (softcover) $42.36; ISBN 9781351029704 (eBook) $42.36.
Reviewed by Matthew Renaud
Law Librarian,
E.K. Williams Law Library, University of Manitoba . . . [more]
The post Book Review: Big Data appeared first on Slaw.
Governance Reform and Lawyer Independence in Canadian Legal Regulation: Examining British Columbiaas Bill 21
Earlier this month, the government of British Columbia introduced Bill 21, the Legal Professions Act. This bill amalgamates the Law Society of British Columbia and the Society of Notaries Public of British Columbia into a new corporation, Legal Professions British Columbia (LPBC), while also creating a licensing and regulation structure for paralegals. It could be the most consequential development in Canadian legal regulation in more than 100 years. The British Columbia legal professionas leading organizations (the Law Society, the Canadian Bar Associationas BC branch, and the Trial Lawyersa Association of BC) strongly oppose Bill 21, with the . . . [more]
The post Governance Reform and Lawyer Independence in Canadian Legal Regulation: Examining British Columbiaas Bill 21 appeared first on Slaw.
Effective Use of Visual Aids in Mediation
The use of demonstrative or visual aids at mediation is more widely accepted by lawyers and mediators since the legal profession began its rapid embrace of technology. Arguably, the pandemic accelerated this implementation. The technology adoption started with the exchange of electronic mediation briefs, improved access to scanned documents, and the use of video software, like Zoom and Teams. Now, counsel more commonly use Power Point or slides and electronic documentation in their introductory remarks, and present demonstrative aids in their Mediation Briefs to bolster arguments by visual communication. Through technology, counsel can now utilize a variety of demonstrative aids . . . [more]
The post Effective Use of Visual Aids in Mediation appeared first on Slaw.
BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence
Case Commented On: KMN v SZM, 2024 BCCA 70 (CanLII), overturning 2023 BCSC 940 (CanLII) We have both written previously on myths and stereotypes about intimate partner violence (IPV), one of the most common of which is that women make false or exaggerated claims of violence to gain an advantage in family law disputes (see here and here). In KMN v SZM, 2024 BCCA 70 (CanLII), the British Columbia Court of Appeal (BCCA) recognized the existence of this myth and the need for courts to avoid making assumptions that perpetuate it, holding that it is . . . [more]
The post BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence appeared first on Slaw.
Mondayas Mix
Each Monday we present brief excerpts of recent posts from five of Canadaas awardA-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1.A Dooreyas Workplace Law Blog 2. Lash Condo Law 3. Canadian Appeals Monitor 4. Family LLB 5. Avoid a Claim
Dooreyas Workplace Law Blog
SCC: Exclusion of Managers from Labour Legislation Not a Charter Violation
The Supreme Court of Canada released a much anticipated but under the radar . . . [more]
The post Mondayas Mix appeared first on Slaw.
Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec. PANAL (DROIT) : La juge de premiA"re instance nâa pas errA(c) en dA(c)terminant que la caractA(c)ristique dominante de la poupA(c)e en silicone que possA(c)dait lâaccusA(c) est une reprA(c)sentation des organes sexuels et de la rA(c)gion anale dâune enfant dans un but sexuel, ce qui constitue du matA(c)riel de pornographie juvA(c)nile . . . [more]
The post Summaries Sunday: SOQUIJ appeared first on Slaw.
Remembering Attorney General Roy McMurtry
The Hon. Roy McMurtry had a stellar career, serving as Chief Justice of Ontario, Canadian High Commissioner to the United Kingdom, Commissioner of the Canadian Football League, and Attorney General of Ontario. When he passed away in March, many of the tributes rightly focussed on the critical role he played in reaching athe kitchen accorda which led to the patriation of the Constitution with the enactment of the Charter of Rights and Freedoms, section 35 and the notwithstanding clause. Other tributes noted his participation in the landmark case of Halpern v. Canada (2003), which legalized same-sex marriage. Because McMurtry . . . [more]
The post Remembering Attorney General Roy McMurtry appeared first on Slaw.
Friday Jobs Roundup
Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, orA learn how you can use Slaw JobsA to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca. Current postings on Slaw Jobs:
- Director of Policing, Oversight and Accountability | Head Office in Westbank or any Indigenous Justice Centre, Canada
(BC First Nations Justice Council) - Family LawyerA (Full-time) | Chilliwack, BC
(Waterstone Law Group LLP) - AccountantA (Full-time) | Chilliwack, BC
(Waterstone Law Group
. . . [more]
The post Friday Jobs Roundup appeared first on Slaw.
The Lack of Protection for Non-Denominational Identity: The Webber Academy Case
INTRODUCTION
Webber Academy (or athe schoola), a private educational institution in Alberta, defined itself as non-denominational: it did not engage in any overt religious practice (with one possible and qualified exception). Yet, after two Alberta Human Rights Commission (AHRC) decisions, two Queenas Bench (as it then was) (QB) judgements, two Court of Appeal (CA) rulings and two denial of leaves to appeal by the Supreme Court of Canada (SCC), it was held to have discriminated without justification against two Muslim students whom it prohibited from engaging, on school property, in overt prayers. How did this happen? And what does it . . . [more]
The post The Lack of Protection for Non-Denominational Identity: The Webber Academy Case appeared first on Slaw.
Missing Discussions at Center of Union COVID Dispute
Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.
The Supreme Court of British Columbia rendered a decision (2024 BCSC 55 (CanLII)) on judicial review which looked at the employerâs choice to implement a COVID-19 vaccination policy, and whether, under the Labour Relations Code, it was obligated to enter into discussions with the union first. The case provides employers with insight into the difficulty of overturning a tribunalâs decision.
Background
The workplace was a provincially run rapid transit company. The Court considered a unionâs petition for judicial review of a decision by the British Columbia Labour . . . [more]
The post Missing Discussions at Center of Union COVID Dispute appeared first on Slaw.
Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams
For those of us raised in Canada and who studied law here, it can be easy to forget that the way we practise law is verya| Canadian. While weare all aware that there are substantive differences between Canadian law and the law of other jurisdictions, itas much easier to forget that the practice of law varies just as much from nation to nation. Thereas more than one way to do almost anything, and the Canadian legal system is founded on a very specific set of choices, norms, and traditions.
Upon arriving in Canada from her native Australia, and despite her . . . [more]
The post Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams appeared first on Slaw.
R. v. Bykovets: SCC Recognized Privacy Rights for IP Addresses
In R. v. Spencer[1] the Supreme Court of Canada held that a reasonable expectation of privacy attaches to subscriber information a the name, address, and contact information a associated with an individual Internet Protocol (IP) address. In R. v. Bykovets[2], the majority found that reasonable expectation of privacy extends to the numbers which make up an Internet protocol address even though those numbers might be changed at random by an Internet service provider. The Facts
The Calgary City Police were investigating fraud in online liquor sales and came across a payment processor who processed the suspect transactions. . . . [more]
The post R. v. Bykovets: SCC Recognized Privacy Rights for IP Addresses appeared first on Slaw.
Sharenthood: Turning Childhood Into Lucrative Content
In the 1920s, Jackie Coogan became one of Hollywoodas first child stars after playing the titular role of aThe Kida alongside Charlie Chaplin. Having starred in several box office successes, Cooganas childhood career had earned him an estimated $4 million (roughly $62 million today). When Coogan tried to access his earnings in his 20as, however, he discovered that his mother had spent nearly his entire fortune. In response to public outcry, California passed the Coogan Act, which aimed to safeguard a portion of child actorsa earnings until they reached adulthood and to protect them from abuse and exploitation. The Coogan . . . [more] The post Sharenthood: Turning Childhood Into Lucrative Content appeared first on Slaw.
Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec. PANAL (DROIT) : Dans le cadre de lâaffaire du meurtre de Guylaine Potvin, le tribunal dA(c)clare recevable le tA(c)moignage dâune biologiste judiciaire A titre de tA(c)moin expert concernant lâutilisation du nouvel outil dâenquAate dA(c)signA(c) comme le A<> et ses rA(c)sultats.
IntitulA(c) :A R. c. Grenon, 2024 QCCS 551
Juridiction . . . [more]
The post Summaries Sunday: SOQUIJ appeared first on Slaw.
Blaming Victim of Sexual Harassment Not a Good Defence
Written by Christina Catenacci, BA, LLB, LLM, PhD, Content Editor, First Reference Inc.
In January 2024, a British Columbia labour arbitrator had no hesitation concluding that an employee, who was the grievor accusing a female colleague of sexual harassment in this case, was actually the one who was sexually harassing the female colleague. Simply put, the arbitrator found that the grievorâs evidence was not credible, the female colleagueâs account was credible and consistent with the evidence, and the female colleague did not do what the employee accused her of. As a result, the labour arbitrator agreed with the employer that . . . [more]
The post Blaming Victim of Sexual Harassment Not a Good Defence appeared first on Slaw.
Democratizing Justice, Whose Problem Is It?
Democratization means making something, usually a public good, accessible to everyone. The democratization of technology related to the internet or the democratization of health care are examples. As digital technologies become more widely adopted in areas touching peoplesa daily lives such as making appointments, applications for employment, being informed about changes in conditions of services or bargains available in the marketplace the reasons for making enabling technologies accessible to everyone become increasingly obvious. In a nation with a long-standing system of publicly funded health care the reasons are obvious although the realization seems to be falling short. In justice democratization . . . [more] The post Democratizing Justice, Whose Problem Is It? appeared first on Slaw.
What if Access to Justice Was Never Going to Lead to Poverty Alleviation?
I recently read that when legal aid was first developed in the United States in the 1960s, its primary goal was alleviation of poverty rather than access to counsel. However, over time, some stakeholders, mostly on the conservative side of the political spectrum, expressed concern that this was an inappropriate goal for public policy. This led people working in the legal aid sector to rebrand their initiatives as access to justice.[1] The primary difference between framing initiatives as âaccess to justiceâ as opposed to âalleviation of povertyâ being that access to justice has a goal of improving the legal system . . . [more] The post What if Access to Justice Was Never Going to Lead to Poverty Alleviation? appeared first on Slaw.
The Court of Owlsa| and Other Things That Mean Different Things to Different People
Note: In this article, the term aculturea is used broadly and is intended to mean anything and everything related to oneas customs, beliefs, behaviours and habits attributable to the make-up of who they are. It embraces the concept introduced to the writer by legendary professor Michelle LeBaron which appreciates that each individual person subscribes to several different cultures. Any one person may have a cultural component of themselves attributable to their age, surroundings, work, etc. Afsana Gibson-Chowdhury is the founder of Gibson Chowdhury, Clear Collaborative Mediation and a renowned advocate for equity, diversity and inclusion among legal, dispute resolution and . . . [more]
The post The Court of Owlsa| and Other Things That Mean Different Things to Different People appeared first on Slaw.
Anticipating AI-Generated Law Journal Submissions
Last week, I was asked to provide a peer-review of an article submission to a law journal.
After reviewing it thoroughly, I began to suspect that at least some of the content may have been AI-generated.
What Gives?
First off, there were at least two citations that led to dead ends. By now we all know this is a dead give away.
Second, there was little to no language linking paragraphs together. So there might have been two or three paragraphs written on a distinctive topic, but no language to alert the reader that a new topic was about to . . . [more]
The post Anticipating AI-Generated Law Journal Submissions appeared first on Slaw.
Mondayas Mix
Each Monday we present brief excerpts of recent posts from five of Canadaas awardA-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1.A PierreRoy & AssociA(c)s 2. IFLS at Osgoode 3. Employment & Human Rights Law in Canada 4. Barry Sookmant 5. Meurrens on Immigration
PierreRoy & AssociA(c)s
ResponsabilitA(c)s daadministrateurs daentreprise : ce que vous devez savoir
Si vous Aates laadministrateur daune entreprise aux prises avec des difficultA(c)s financiA"res, vous . . . [more]
The post Mondayas Mix appeared first on Slaw.
Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec. PANAL (DROIT) : Dans une affaire de violence conjugale et postconjugale, la juge de premiA"re instance a commis 2A erreurs de principe en omettant dâA(c)valuer correctement le risque que lâimposition dâune peine avec sursis A lâaccusA(c) poserait pour la collectivitA(c); une peine dâemprisonnement de 6A mois est substituA(c)e aux 10A . . . [more]
The post Summaries Sunday: SOQUIJ appeared first on Slaw.
Environmental Regulation Is Not “Constructive Expropriation”
On April 4, 2024, the Alberta Court of Appeal released its decision in Altius Royalty Corporation v Alberta, 2024 ABCA 105 (CanLII).
The appellants own a royalty interest in a coal mine. In 2014 they acquired royalty interests in the Genesee coal mine. This coal fuels the Genesee power plant in Alberta.
By 2012 federal performance standards, the end of life of the three coal-fired plants was determined to be 2039, 2044 and 2055 (para 3).
They claim their interest was constructively expropriated (paras 2 and 5) when the government of Canada amended the regulations to require the . . . [more]
The post Environmental Regulation Is Not âConstructive Expropriationâ appeared first on Slaw.
Friday Jobs Roundup
Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, orA learn how you can use Slaw JobsA to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca. Current postings on Slaw Jobs:
- Director of Policing, Oversight and Accountability | Head Office in Westbank or any Indigenous Justice Centre, Canada
(BC First Nations Justice Council) - Family LawyerA (Full-time) | Chilliwack, BC
(Waterstone Law Group LLP) - AccountantA (Full-time) | Chilliwack, BC
(Waterstone Law Group
. . . [more]
The post Friday Jobs Roundup appeared first on Slaw.
When Practicing Law Is Slow Death
It started as soon as I began my law career as an articling student. A lawyer gave me a task on Friday due Monday, meaning I would lose my weekend. I felt a little bit of pride a who, little old me, tasked with something so important? But I soon learned what is urgent is rarely important, and important rarely urgent. Having âuncovered every rockâ and discovered nothing further, I watched my research memo fall into the abyss of make-work legal projects, more for show and profit, productivity measured more in money than in legal progress. I think I gained . . . [more]
The post When Practicing Law Is Slow Death appeared first on Slaw.
The Perils of Remaining Silent
Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.
The interim decision of Caroline Sand, Member of the Human Rights Tribunal of Ontario in 2024 HRTO 233 (CanLII) shows what can happen when a party is invited to participate but decides not to. As it turns out, the technique of putting oneâs head in the sand works for ostriches but not for employers who seek to avoid liability for human rights complaints.
Background
The matter arose out of a sex-based human rights complaint by an employee against her former employer, a social club. The employer had numerous opportunities to . . . [more]
The post The Perils of Remaining Silent appeared first on Slaw.
Thursday Thinkpiece: Suing for Silence : Sexual Violence and Defamation Law
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the siteas contact form. Suing for Silence : Sexual Violence and Defamation Law
Author: Mandi Gray
Publication Date: March 1, 2024
ISBN: 9780774869171
Page count: 180 pages; 6 x 9
Excerpt: Introduction
In summer 2017, I received a Facebook message from Lynn, a Canadian tattoo artist in her late twenties. Women from all . . . [more]
The post Thursday Thinkpiece: Suing for Silence : Sexual Violence and Defamation Law appeared first on Slaw.
Wednesday: Whatas Hot on CanLII? a March 2024
At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. For this past month, the three most-consulted English-language decisions were:
R. v. Kruk, 2024 SCC 7 (A(c)galement disponible en franASSais ici) [81] Assessments of credibility and reliability can be the most important judicial determinations in a criminal trial. They are certainly among the most difficult. This is especially so in sexual assault cases, which often involve acts that . . . [more]
The post Wednesday: Whatas Hot on CanLII? a March 2024 appeared first on Slaw.
Newly-Launched Jurisprudence Database of the Inter-American Court of Human Rights
At the beginning of this year, in January 2024, the Inter-American Court of Human Rights (IACtHR) based in San JosA(c), Costa Rica launched its first ever AI-powered case law database.This free legal source aims to provide an easy to use access to the regional courtas jurisprudence and important information regarding its procedure and composition. Recently, I had the tremendous opportunity to interview the Courtas Head Librarian, Ana Rita RamArez and get more information regarding the process of producing this database and its future growth. [Screenshot of the Database main page. Click image to see the larger picture.] What was the . . . [more]
The post Newly-Launched Jurisprudence Database of the Inter-American Court of Human Rights appeared first on Slaw.
Keyword Selected: los
Did you buy a home with a high interest rate and intend to refinance later?
If you bought a home in the last two years with a high interest rate, did you purchase with the intention to refinance later? Tell us how the strategy has worked out so far.
Chris Pratt, Katherine Schwarzenegger could've given Craig Ellwood teardown 'some honor,' architect's daughter says
Architect Craig Ellwood's daughter told The Times, 'I don't feel bitter' toward Chris Pratt and Katherine Schwarzenegger for tearing down her father's famed Zimmerman House.
Is the eviction of hundreds of renters from Barrington Plaza legal? A court case to decide is now underway.
Hundreds of tenants at the Westside apartment complex Barrington Plaza were served with eviction notices last year. Many of them vowed to fight back in court.
Renters across L.A. are under strain and many fear becoming homeless, survey finds
An annual survey from UCLA's Luskin School of Public Affairs found renters under strain from the steep cost of housing and inflation, and many fearing homelessness.
Builders may fight 'impact fees' that fund municipal projects in California, Supreme Court rules
The Supreme Court says home builders in California may challenge the fees commonly imposed by cities and counties to pay for new infrastructure.
All-cash offers, wealthy buyers push Southern California home prices to a record
Southern California home prices have hit a record despite high interest rates, a reflection of a shortage of inventory and the region's wealth disparity.
Studio owners revise plans for $1-billion update of historic Television City
Owners of Television City scale back plans for a $1.25-billion upgrade of the legendary studio lot in response to neighbors' concerns.
Historic Sportsmen's Lodge hotel may be demolished for 520-unit apartment complex
Proponents of the development in Studio City say it would bring much-needed affordable housing. Opponents say the developers have not sufficiently weighed the project's impacts and that it would erase an important piece of history.
California is building fewer homes. The state could get even more expensive
Developers built fewer homes in California in 2023, potentially leading to higher prices and rents as a supply shortage worsens.
Landlord Arnel Management illegally withheld security deposits, attorney general alleges
Major Orange County landlord Arnel Management has agreed to pay more than $1 million to settle allegations it illegally withheld security deposits from its tenants.
The year of the 'mansion tax': Hundreds of millions raised, but a chill to L.A.'s luxury market
The "mansion tax" has raised roughly $215 million in its first year. Advocates say the tax helps address L.A.'s housing crisis, but critics claim it has frozen the real estate market.
Need help with missed mortgage payments in California? Apply soon: Money is running out
California officials say they expect the mortgage relief program for homeowners suffering pandemic-related financial hardships will soon exhaust its federal funding.
L.A. County settles PACE loan lawsuits; affected homeowners to receive millions
Under a $12-million settlement, L.A. County agreed to resolve allegations its PACE lending program saddled borrowers with loans they couldn't afford.
Office tower planned for Hollywood gets new design and billion-dollar price tag
Hollywood real estate developer doubles down on plans for "the Star," a proposed office tower on Sunset Boulevard, designed by Norman Foster, with a $1-billion price tag.
Crackdown on Airbnb and other short-term rentals likely coming to unincorporated L.A. County
The ordinance, five years in the making, would prohibit hosts to list second homes, accessory dwelling units or investment properties in unincorporated L.A. County.
Realtor rules just changed dramatically. Here's what buyers and sellers can expect
A landmark agreement is going to shake up how real estate deals are done. Here's how the new rules will affect sellers, buyers and brokers.
A sign of the times: Tearing down an emptying O.C. office complex to build a warehouse
A perfectly good office complex is being demolished to make way for a warehouse-distribution center in Santa Ana.
California's home insurer of last resort sees enrollment surge, raising concerns over its finances
California's property insurer experiences enrollment surge, raising questions about its financial stability.
Realtors agree to change commission rules in a deal that could reduce costs for consumers
The National Assn. of Realtors said it will make changes to its commission rules in a deal that could reduce costs for consumers.
Investors bought a historic Echo Park home. Sisters who have lived there since childhood are fighting to stay
The home was one of the first in Echo Park. Lupe Breard and her sister have lived there for decades. But since their mom died, the family estate and a developer have tried to evict them.
In Kern County, an abandoned church gets a second life as housing for former foster youths
In a novel bid to generate more affordable housing, Kern County is converting empty churches and blighted strip malls into apartment units for former foster youths at risk of homelessness.
Opinion: Inflation isn't the real problem for the U.S. economy. The housing shortage is
The Federal Reserve is keeping interest rates high to tame price growth. But it's a shortage of homes in California and nationwide that's driving rising costs.
La CaA+-ada Flintridge must process 'builder's remedy' affordable-housing plan, court rules
After years of back-and-forth, a court tells the affluent city of single-family homes to process an application for a housing development with 80 mixed-income units.
Opinion: Don't gut L.A.'s best shot at building affordable housing
The city put forth ambitious programs to meet California mandates for affordable housing a and then weakened them by exempting single-family neighborhoods.
If you walk around the reservoir, you know this house. See inside the modern remodel
Architect John K. Chan designs a modern addition for a family of four that connects them to the Ivanhoe Reservoir in Silver Lake and saves a massive olive tree.
Looking to buy or sell a home this spring? Here's what to expect
As spring approaches, so does the typically busy spring home buying season. If you want to buy a home in Southern California, here are some thoughts.
Robocalls, ringless voicemails and AI: Real estate enters the age of automation
As agents hunt for business in Southern California's slow real estate market, some are trying out new ways of tracking down leads. Others are quitting the industry.
Keyword Selected: Aldama)
Keyword Selected: Mexico
Overcapacity and future discussions in the SCM Committee.
Finbarr Bermingham reported on Wednesday, April 23, 2024, that in the recent SCM Committee meeting, there were asharpa exchanges between the US and China related to Chinese aovercapacitya in key sectors owing to subsidies. China objects to the term aovercapacity,a...Developing country status in the WTO
Buried deep in the EU - Palm Oil report (paras. 7.911-7.915, on page 250!) is a nugget on developing country status in the WTO. Malaysia asserts, in the TBT context, that it is a developing Member. It cites as support...Katherine Tai on WTO Complaints against China
U.S. Trade Rep. Katherine Tai had a couple exchanges at last week's Senate Finance Committee hearing in which she suggested that WTO complaints against China had not been effective, and for that reason the Biden administration had moved away from...Katherine Tai on Trade Policy Pitting Americans against Americans
At a House Ways and Means Committee hearing last week, U.S. Trade Representative Katherine Tai said a couple times that she wanted "to stop pitting Americans against Americans" in U.S. trade policy: "Trade should work for all Americans. Our goal...Senator Whitehouse and Ambassador Tai Talk About Getting Rid of ISDS
Here's an exchange between Senator Sheldon Whitehouse (D-RI) and U.S. Trade Rep. Katherine Tai at a Senate Finance Committee hearing today (2:32:00): Whitehouse: The other thing I wanted to talk with you about is the loathsome ISDS process. We are...Subsidies, Overcapacity, and Domestic Demand/Savings
There has been a lot of discussion recently about how Chinese subsidies and other government support has led to industrial overcapacity, which can have a negative impact on the manufacturing sector of other economies. If domestic supply exceeds domestic demand,...Free Trade and Peace Sells ... but Who's Buying?
I remain puzzled by some recent statements questioning whether free trade promotes peace. When I read another one in the Boston Review, I thought I was going to have to go through all my old rebuttals again. The article starts...The Role of the WTO in Planetary Sustainability
The Role of the WTO in Planetary Sustainability Steve Charnovitz 6 April 2024 Promoting planetary sustainability is within the legal competence of all multilateral organizations. As a result, no international organization is likely to have an exclusive competence to effectuate...USTR's New Vision for Foreign Trade Barriers
Last week, in the press release for its 2024 National Trade Estimate Report on Foreign Trade Barriers, USTR said that over the years, the identification of trade barriers in this annual report has strayed from the original purpose of the...Digital Trade Fights: The Case of Korea
In recent years, the U.S. has expressed concerns about digital trade regulation in a number of other countries, with the focus tending to be on the the EU due to its large market and active regulatory efforts (although it sounds...Data Flows Obligations and Exceptions in the EU - New Zealand FTA
There's a new FTA digital chapter to analyze, with the EU-New Zealand FTA coming into force soon. Let's take a look at the data flows provisions, with the EU-Japan text in the back of our minds as a comparison. The...New U.S. AD/CVD Regulations Will Take Into Account Weak Property, IP, Human Rights, Labor, Environmental Protections
In a Proposed Rule issued last year, the U.S. Commerce Department said it would take into account "nonexistent, weak, or ineffective property (including intellectual property), human rights, labor, and environmental protections" in various ways as part of its anti-dumping/countervailing duty...Guest Post: EFTA-India TEPA: Breaking New Ground
This is a guest post by Rohan, a PhD student at the Graduate Institute India and the EFTA countries (Iceland, Liechtenstein, Norway, and Switzerland) signed a comprehensive Trade and Economic Partnership Agreement (TEPA) on 10th March, 2024 after a long...Is Section 301 the Right Remedy for Chinese Shipbuilding Subsidies?
In the Section 301 petition recently filed by a group of unions, the petitioners argued that "Section 301 provides an appropriate mechanism for addressing Chinaas policies in the maritime, logistics, and shipbuilding sector." They offer three reasons for this: First,...Katherine Tai on Online Business Models and Digital Regulation
U.S. Trade Rep. Katherine Tai spoke recently at a SeedAI event and had some interesting things to say about both online business models and digital trade regulation. I'll start with a quote that reflects what she has said many times...Did NAFTA Push White Male Social Conservatives to the Republican Party?
This is the abstract of a new paper titled "Local Economic and Political Effects of Trade Deals: Evidence from NAFTA", which argues that many "white, less educated voters left the Democratic Party" due to NAFTA: Why have white, less-educated voters...Guest Post: Back from the WTO MC13 a A brief report and some remarks from four scholars who were in Abu Dhabi
This is a guest post by several people from the Research Chair on New Challenges of Economic Globalization, Laval University, Quebec City, Canada: Carla Gomez, Ph.D. Researcher; Antoine Comont, Ph.D. Researcher; Van Anh Ly, Ph.D., Deputy Director of the Research...Let Them Eat Cake? Reflections on the Labor Provisions in the New India-EFTA Agreement
Iave never understood the expression: they want to have their cake and eat it too. Who on this planet wants to hold onto a piece of cake and not eat it?!? I was at a birthday party this weekend, and...Mexico Invokes Public Morals, Exhaustible Natural Resources, Indigenous Peoples Exceptions in GE Corn USMCA Dispute
Mexico's initial written submission in the GE Corn USMCA dispute was recently posted. The English public version is here. There's a lot in there and I'm not going to go through it all in this post. I just thought it...Resolving the Biden Administration's Internal Debate on International Digital Rules, and Reengaging in Negotiations
I've already made these points for the trade policy crowd, but I have now tried to make my pitch on a way forward for the Biden administration on international digital trade rules slightly more accessible (i.e., without so many blockquotes...Katherine Tai on USMCA Dispute Settlement and the USMCA Six Year Review
At a Brookings event yesterday, Josh Meltzer of Brookings had some interesting exchanges with U.S. Trade Rep. Katherine Tai on USMCA dispute settlement and the USMCA six year review. Here's the one on dispute settlement: Meltzer: What I'd like to...Conversations at WTO Ministerial Side Events: Subsidy Races and Trade Remedies
As part of the WTO Ministerial Conference last week, there were some side events going on. I was watching one called "Business Forum at MC13" and came across some interesting discussion of subsidy races and trade remedies. The question that...The Role of WTO Case Law in a USMCA RRLM Proceeding
Here is an interesting exchange from last week's hearing in the USMCA San MartAn mine labor dispute about the role of WTO case law in interpreting the USMCA provisions at issue: Panelist: Mexico raised the question that the United States...WTO Adverse Effects Complaints vs. Domestic CVD Cases
Subsidies have been in the news a lot recently, as China's subsidies continue to cause concerns, and the Biden administration and others are now increasing their own use of subsidies. In trade policy, the reaction to foreign subsidies tends to...The Role of Past Determinations in U.S. DOC Proceedings
In the U.S. - Ripe Olives from Spain, Article 21.5 panel report circulated last week, I was struck by the discussion of the role of previous Commerce Department determinations in deciding future cases, and the obvious parallels to how the...Page took 7 seconds to load.
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