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Global Affairs Canada – Indigenous Working Group

Posted by on Dec 14, 2020

On December 11, 2020, Michael Woods participated in the most recent meeting of Global Affairs Canada’s Indigenous Working Group (IWG). As part of its commitment and inclusive approach to trade Global Affairs established the IWG in September 2017 in order to better engage with Indigenous Peoples and their representatives during the NAFTA renewal negotiations that lead to the Canada-U.S.-Mexica Agreement (CUSMA).  Michael participates in the IWG as a founding member of the International Inter-tribal Trade and Investment Organization (IITIO)  [ Home – IITIO ; see also NAFTA Submission to Global Affairs Canada from IITIO – IITIO ] Post-CUSMA, the IWG has continued to engaged on Canada’s wider trade policy objectives and negotiations.  The December 11, session included  discussion of  on-going Canada-Mercosur FTA Negotiations, the Canada-United Kingdom Trade Continuity Agreement, WTO Negotiations on Investment Facilitation and E-Commerce, the Canada-European Union CETA Civil Society Forum, and an update on CUSMA implementation with a focus on the SME and Competitiveness Committees. For more about the IWG and Global Affairs Canada’s ongoing program of  engagement with Indigenous Peoples on International Trade see –  International Trade Agreements and Indigenous Peoples: The Canadian...

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CETA – Third Annual Civil Society Forum

Posted by on Dec 10, 2020

Michael Woods was honoured to be invited to participate in the third edition of the  Civil Society Forum, established under the Canada-EU Comprehensive Economic and Trade Agreement (CETA). The event was held on December 8th and 9th.  The Civil Society Forum (CSF) is a joint initiative of the Government of Canada and the European Union that  provides an opportunity for important dialogue and exchange of views between Canadian and EU representatives from employers, unions, labour and business organizations, environmental groups, Indigenous organizations, and other civil society organizations.  Participants also have the opportunity to present views to officials of the Government of Canada and the European Commission, on CETA implementation relating to the Trade and Sustainable Development (Chapter 22 of the Agreement), Trade and Labour (Chapter 23), and Trade and Environment (Chapter 24) as well as on matters relating to Trade and Gender, SMEs and Trade, Climate Action and the Paris Agreement, Indigenous trade, and other inclusive trade related issues. The two-day event was held virtually due to COVID-19 concerns and included  a special focus on sustainable development.  See this link to the agenda – 2020 Canada-EU CETA Civil Society Forum Programme (international.gc.ca).  Michael also attended the second Civil Society Forum which Canada hosted in Ottawa in November 2019. See this link to the final report –...

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China and the CPTPP – Comments by Michael Woods

Posted by on Dec 2, 2020

At the recent  virtual APEC Summit, Chinese President  Xi Jinping reiterated openness in joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) [Xi says China will consider joining TPP – Nikkei Asia]. To many, this underlined China’s aspirations to play a larger economic role – both in the Asia- Pacific region as well as globally. Michael Woods was interviewed on the subject by the South China Morning Post earlier this year [ Michael Woods quoted in South China Morning Post on China and the CPTPP (wl-tradelaw.com)]. He has also written on the subject in the context of the future of global trade and bi-lateral China-U.S. relations in Slaw.  Michael is a regular contributor to Canada’s online legal magazine, which is considered essential daily reading by many in the Canadian legal community [http://www.slaw.ca/].   In his October 2020 article , he drew on psychologist Christopher Peterson’s analysis of the concept to address the Two 800-Pound Gorillas? –...

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COVID-19 and the Risk of Foreign Investor Challenges

Posted by on Sep 17, 2020

Michael Woods was quoted in the September issue of the Canadian Bar Association’s online magazine, National, about concerns that the global COVID-19 pandemic might lead to investor-state dispute settlement (ISDS) claims aimed at government measures put in place in response to the challenge. Michael has experience form both the government and investor perspective and has served as counsel in several ISDS cases pursuant to NAFTA Chapter 11 as wells as Foreign Investment Protection Agreements (FIPAs) and Bilateral Investment Treaties (BITs). Here is a link to the article:...

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Canada should consider the Economic Impact of Imposing AD/CV Duties on Imports and should start with OCTG

Posted by on Jan 31, 2020

Canadian practice has been to consider Anti-dumping/Countervailing measures (AD/CV) measures exclusively from the perspective of the domestic industry that filed the dumping complaint and ensure that any injury to this industry is offset using AD/CV duties.  However, this approach does not necessarily take the best interests of the Canadian economy as a whole into consideration.  That practice should stop and Oil Country Tubular Goods (OCTG) is the product that calls out for this change. The Canadian International Trade Tribunal (CITT) recently started two Expiry Reviews into AD/CV Orders against OCTG.[1]  The purpose of these Reviews is to determine whether the existing Orders should be allowed to expire or be extended for a further five years.  If extended, OCTG imported from China, Chinese Taipei, India, Indonesia, the Philippines, Korea, Thailand, Turkey, Ukraine and Vietnam will continue to be subject to AD/CV duties for a further five years, increasing their price in Canada. The Canadian AD/CV system favours domestic producers because the only question before the CITT in an AD/CV Inquiry is injury to the domestic industry.  In an AD/CV Inquiry, the Canada Border Services Agency (CBSA) determines whether the imported goods that are the subject of an AD/CV complaint are dumped and/or subsidized and determines the margin of dumping and subsidization.  The CITT separately determines whether the imported goods have caused or threaten to cause injury to the domestic producers, but the CITT does not determine the level AD/CV duties required to offset that injury or threat of injury.  Instead, AD/CV duties are applied to imported goods based on the rates established by the CBSA.  The same thing happens in Expiry Reviews.  The amount of AD/CV duties required to offset the injury, or whether it is in Canada’s best interests to impose duties in any amount is not considered. Since AD/CV duties are set based on the margins established by the CBSA, it is possible if not likely that the AD/CV duties applied to the imported goods will exceed the amounts actually required to offset the injury or threat of injury found.  In this case, the domestic producers will have more protection than required while Canadian stakeholders who purchase and...

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