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Lawrence Herman Speaks About Increasing NAFTA Disputes in Le Devoir

Published: 07/30/2010

On July 24, 2010, trade lawyer Lawrence Herman was quoted in "ALENA: le Canada de plus en plus poursuivi," an article which appeared in Le Devoir.

In the article, Mr. Herman discussed the trade disputes launched against Canada as a result of NAFTA. He noted that there are more disputes filed by private investors against Canada than against the US and that there is an increase in the number of cases involving Canada.

One explanation for the increase is greater government interest in environmental issues, public health and natural resources, suggested Mr. Herman.

He pointed out that the federal government, in the eyes of international law, is solely responsible for the actions of Canada. This means having to work with the defence of each case and eventually having to pay for a settlements for disputes pursued at the provincial or municipal level. Mr. Herman said that it is best for Ottawa to form a "pragmatic arrangement" with the provinces to prevent unpleasant surprises.