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lherman@casselsbrock.com

Telephone: 416 869 5983
Fax: 416 640 3024

Cassels Brock & Blackwell LLP
2100 Scotia Plaza
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Toronto, ON M5H 3C2
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Lawrence Herman

Larry served in the Canadian foreign service in the 1970s in a variety of posts, at the United Nations in Geneva and in Ottawa, representing Canada in numerous international conferences and meetings, including the GATT, UNCTAD, OECD and the United Nations Conference. Prior to leaving the foreign service in 1980, Larry was the head of the Economic and Treaty Law Section in the External Affairs Department. As a private practitioner, he appeared for Canada at the International Court of Justice in 1984 in the Gulf of Maine maritime boundary dispute.

Larry's practice emphasis is on international trade and international business transactions. He has acted for corporations, governments and international agencies in the trade area, dealing particularly with the GATT/WTO, FTA and NAFTA. He regularly appears as counsel before dispute-resolution bodies under the NAFTA, as well as before the Canadian International Trade Tribunal and the courts in Canada.

Larry has served on numerous government-industry advisory bodies over the years, including the Market Access Advisory Group set up by the Department of International Trade in 2005 to provide expert advice to the Canadian government in the Doha Round negotiations underway in Geneva. Larry is chair of the Trade Policy Committee of the Canadian Manufacturers and Exporters Association and is a long-standing member of the International Affairs Committee of the Canadian Chamber of Commerce. He is a proud member of the Board of the Canada-U.S. Law Institute. For years, was on the executive of the Energy and Resources Law Section of the International Bar Association and the national board of the Canadian Institute of International Affairs.

He was appointed the Director of the London-based World Energy Council’s Task Force on Trade and Investment Rules in 2007.

Larry has authored many scholarly articles and spoken regularly to business groups on matters of international trade, international business transactions and related subjects. He has been a columnist for the Financial Post and continues to write regularly for Canada’s national newspapers and appear on television discussing international trade and politics. He is a frequent guest lecturer on international law at universities, including law schools.

Larry is the author of three books: Canadian Trade Remedy Law and Practice (1997), Canadian Trade Law: Practice and Procedure (2007) and Export Controls & Economic Sanctions: A Guide to Canadian Trade Restrictions (2010). He is also bilingual (French).

Biographie en français


Publications

Selected Articles

  • “The Niceties of Nickel – Canada and the Production Ceiling Issue at the Law of the Sea Conference”, (1978-79) 6 Syracuse Journal of International Law and Commerce 265.
  • “The Need for a Canadian Submerged Lands Act: Some Further Thoughts on Canada's Offshore Mineral Rights”, (1980) 58 Canadian Bar Review 518.
  • “Proof of Offshore Territorial Claims in Canada”, (1982) 7 Dalhousie Law Journal 3.
  • “The Court Giveth and the Court Taketh Away: An Analysis of the Tunisia-Libya Continental Shelf Case” (1984) 33 International & Comparative Law Quarterly 825.
  • “Archipelagos Under Contemporary International Law”, (1985) 23 Canadian Yearbook of International Law 172.
  • “Trade Remedies in the Resource Sector”, in Trading Canada's Natural Resources (Saunders, ed.), 1987.
  • “Injury Findings By The Canadian Import Tribunal: The Decisive Elements”, 1987 Review of International Business Law 373.
  • “Dispute Settlement Under the Free Trade Agreement”, Prentice Hall Law and Business, 1989.
  • “How Dispute Settlement Under the FTA Will Work”, Law Society of Upper Canada, 1989.
  • “Developments in Disputes Resolution under the Canada-United States Free Trade Agreement”, Canadian Bar Association-Ontario, Institute of Continuing Legal Education, 1990.
  • “Monopoly, Competition and the Free Trade Agreement”, International Bar Association, Ninth Advanced Seminar On Energy and Resources Law, 1990.
  • Canadian Imports and Exports: A Legal Guide for Canadian Business, The Canadian Importers Association, 1990.
  • “The International Sales Convention: The Perspective of the Common Lawyer”, Canadian Institute of Advanced Legal Studies, 1991.
  • “The International Law Context: Consideration of Trade Remedies and Other Matters”, The Canadian Institute, International Commercial Contracts, Trade and Licensing, 1991.
  • “Impact of the FTA/NAFTA Panel Reviews on Canadian Trade Remedies”, Canadian Importers’ Association, Anti-Dumping and Countervailing Duty Conference, April, 1994.
  • “An International Trade Primer: Avoiding the Pitfalls & Benefiting From the New GATT Trade Law System”, Canadian Corporate Counsel Association, 1994.
  • “NAFTA and the Energy Charter Treaty: Divergencies With A Core of Harmony”, (1997) Vol. 15 Journal Energy & Nat. Res. Law 129.
  • “NAFTA: The Broad Strokes: A Canadian Lawyer's Perspective”, (1997) 23 Canada-United States Law Journal 85.
  • “Settlement of International Trade Disputes – Challenges to International Sovereignty”, (1998) 24 Canada-United States Law Journal 121.
  • “The WTO in the Twenty-First Century”, Ivey Business Journal, July/August 1999.
  • “The World Trade Organization: On the Road to Doha”, Ivey Business Journal, Sept/October 2001.
  • “Public Interest Elements in Canadian Trade Law”, (2001) 14 Canadian Journal of Administrative Law & Practice 269.
  • “Softwood Lumber: The Next Phase”, C.D. Howe Institute, Toronto, December 2001.
  • “Headstart: Anti-Terrorism Law Forces Business to Scrutinize All Dealings”, Ivey Business Journal, Jan/February 2002.
  • “The Assessment of Injury by the Canadian International Trade Tribunal”, (2005) 84 Canadian Bar Review 305.
  • “Making NAFTA Better: Comments on the Evolution of Chapter 19”, Centre for Trade Policy and Law, Carleton University, No. 57 Occasional Papers in International Law and Policy, March 2005.
  • “American Corn and Canadian Trade Actions: One Step Forward, Two Steps Back”, C.D. Howe Institute, Toronto, 5 April 2007.
  • “The China Factor: Canada’s Trade Remedy Response to China’s Economic Challenge”, (2008) 33 Canada-United States Law Journal 25.
  • “Energy Trade, Carbon Emissions and the WTO”, (2009) 2 Journal of World Energy Law & Business 196.
  • “Beyond the WTO: Regional and Bilateral Rules Affecting Energy”, Centre for Trade & Economic Integration and World Trade Organization, Geneva, October 2009 (forthcoming).
  • “International Trade at the Crossroads”, Financier Worldwide (www.financierwordlwide.com), March 2010.

Books

  • Canadian Trade Remedy Law & Practice, (Emond Montgomery, 1997).
  • Canadian Trade Law: Practice and Procedure, 2 Vols. (Thomson-Carswell, 2007).
  • Export Controls and Economic Sanctions: A Guide to Canadian Trade Restrictions, 2 Vols. (Thomson-Carswell, 2010).

Other Publications and Occasional Papers

  • A Handbook of Canadian Trade Law and Practice, Canadian Manufacturers’ Association, 1993.
  • Editorial columnist, Financial Post (Toronto) on trade and international business law, 1993-98; various commentary and op-editorial pieces in The Globe and Mail (Toronto).
  • “Lost in the Woods”, New York Times Op-Ed (with G. Hufbauer), 25 October 2005.
  • Editor and contributor, international trade, Legal Alert (Carswell Ltd.), Toronto, 1993-present.
  • “Anti-Dumping Under NAFTA: Elements of an Alternative Approach”, Cambridge University Trade Law Conference, September 1996.
  • “The China Factor: Canada’s Trade Remedy Response to China’s Economic Challenge”, Canada-U.S. Law Institute Seminar, Washington, D.C., 7 December 2006.
  • “China’s Economic Challenge: Are Trade Remedies the Correct Strategic Response”, presentation at a Conference of the Centre for Trade Policy and Law, Ottawa, 18 May 2007.
  • “Thoughts about the Canada-US Border and Common Defense Perimeter in a Dangerous World”, Canadian International Council Conference on Changing Dynamics in Canada-US Relations, Victoria, B.C. 12-13 May 2008.
  • "Trend Spotting: NAFTA Disputes After Fifteen Years", C.D. Howe Institute, Toronto, 22 July 2010.

Education

LL.B., University of Toronto, 1969
B.A., University of Saskatchewan, 1966

Achievements

  • The Best Lawyers in Canada 2006 to 2012 (International Trade and Finance Law)
  • Who's Who Legal: Canada 2010-2011 (Trade & Customs)
  • Chambers Global 2006 to 2011 (WTO/International Trade)
  • The Canadian Legal Lexpert Directory 2004 to 2011 (International Trade Regulation)
  • The 2006 to 2012 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (International Trade)
  • Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada

Call to the bar

Ontario, 1976
Saskatchewan, 1970

Associations

  • Canadian Bar Association
  • American Bar Association
  • International Affairs Committee of the Canadian Chamber of Commerce
  • International Bar Association (Section on Energy, Environment and Resources Law)
  • Ontario Bar Association
  • Trade Committee of the Canadian Council for International Business
  • Trade Policy Committee of the Canadian Manufacturers and Exporters Association
  • Trade Policy Business Advisory Group of Canadian Government

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