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 Lawrence Herman_unpublished

Counsel

 Toronto

t: 416 869 5983
f: 416 640 3024

Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON  M5H 3C2
Canada

Year of Call

Ontario, 1976
Saskatchewan, 1970

Education

LL.B., University of Toronto, 1969

B.A., University of Saskatchewan, 1966

Lawrence Herman_unpublished

Lawrence (Larry) Herman is a graduate of the University of Toronto Law Faculty (1969).

He served in the Canadian Foreign Service in the 1970’s 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, OECD and the UN Conference on the Law of the Sea. Prior leaving the External Affairs Department in 1980, Larry was the head of the Department’s Economic and Treaty Law Section in the Legal Bureau.

In private law practice, Larry appeared on behalf of Canada in the International Court of Justice in the Gulf of Maine boundary case in 1984.

Larry concentrates on international trade and international business transactions. He has acted for private sector clients, governments and international agencies, dealing particularly with the GATT/WTO, FTA and NAFTA and appears as counsel before dispute-resolution bodies under the NAFTA, as well as before the Canadian International Trade Tribunal, the courts and Parliamentary committees. He was a member of the Market Access Advisory Group (MAAG) of the Canadian Foreign Affairs and International Trade Department, advising on business issues in WTO trade negotiations.

Larry was on the Council of the International Bar Association’s Energy Section for many years and has served as chair of the Trade Policy Committee of the Canadian Manufacturers and Exporters and a member of the Executive Board of the Canada-US Law Institute; the International Affairs Committee of the Canadian Chamber of Commerce and several other business and government trade policy organizations.

Larry was appointed Director, Task Force on Trade and Investment Rules of the World Energy Council, London, UK, in 2007 and was named Senior Fellow of the C.D. Howe Institute in 2011. 

Larry is consistently recognized as a leading lawyer by the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, the Canadian Legal Lexpert Directory, the Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, Best Lawyers and Chambers Global. He was selected among a handful of judges, lawyers and jurists to receive the Lexpert Zenith Award in 2012.

Larry lectures in international law at Canadian law schools. He was an op-ed columnist on international trade and business for the Financial Post (Toronto) from 1993 to 1998 and contributes frequently to The Globe and Mail and other newspapers.

Together with numerous articles in legal and business journals, Larry has written several text books: Canadian Trade Remedy Law & Practice (1997), Canadian Trade Law (2008) and, most recently, Export and Import Controls, Sanctions and Other Trade Restrictions (2010).

Among his non-professional activities, Larry served on the boards of Heritage Toronto, the Canadian Institute of International Affairs and as a board member and Vice Chair of Jazz.FM, a public radio station in Toronto. He is currently on the board of the Council for Business and the Arts, a not-for-profit corporation advocating closer ties between Canadian performing arts organizations and the private sector.

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, September/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, January/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.financierworldwide.com), March 2010.
  • “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”, Global Challenges at the Intersection of Trade, Energy and the Environment, Centre for Trade &Economic Integration and World Trade Organization, Geneva, October 2009.
  • “Trend Spotting: NAFTA Disputes After Fifteen Years”, C. D. Howe Institute, No. 133, July 2010.
  • “Federalism and International Investment Disputes”, Investment Treaty News, IISD (Geneva), July 2011.
  • “Investment Review in Canada – We Can Do Better”, Vol. 4., SPP Research Papers, September 2011, School of Public Policy, University of Calgary  (www.policyschool.ca)
  • “The New Multilateralism: The Shift to Private Global Regulation”, C.D. Howe Institute, Toronto, Commentary 360, August 2012.

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

  • “The International Sales Convention: The Perspective of the Common Lawyer”, Canadian Institute of Advanced Legal Studies (New Orleans), 1991.
  • 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.
  • “Agriculture and Canadian Trade Policy Goals”, Road Ahead: Agri-Food Trade Policy Directions and Implications: University of Guelph Conference, Guelph, Ontario, 7 October 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.

 

ACHIEVEMENTS
  • Lexpert Zenith Award Recipient 2012 (Leadership Through Change)
  • Best Lawyers in Canada 2006-2014 (International Trade and Finance Law)
  • Who's Who Legal: Canada 2010-2013 (Trade & Customs)
  • Chambers Global 2006-2013 (WTO/International Trade)
  • Canadian Legal Lexpert Directory 2004-2013 (International Trade Regulation)
  • Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada 2006-2012 (International Trade)
  • Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada

 

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
PRO BONO/COMMUNITY INVOLVEMENT
  • Former Board Member, Heritage Toronto
  • Former Board Member and Vice Chair, Jazz FM
  • Board Member, Counsel for Business and the Arts