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What the Future Holds for NAFTA - October 23, 2017

The latest round of North American Free Trade Agreement re-negotiations wrapped up recently with Canada and Mexico reportedly frustrated by US demands. Knowledge @ Wharton host Dan Loney looks at the recent developments with Matt Gold, Professor at the Fordham University School of Law and Former Deputy Assistant U.S. Trade Representative for North America, and Andrea Bjorklund, Faculty of Law Professor at McGill University and Former Member of the NAFTA Arbitration Team at US Department of State.

Talks about the renegotiation of NAFTA have reached an impasse, and it may be difficult for the three nations at the bargaining table to find a way forward: "As the latest round of talks between the U.S., Canada and Mexico to renegotiate the North American Free Trade Agreement (NAFTA) ended last week in a stalemate, two issues emerged as the key sticking points."

Listen to the podcast!


Lucy ReedInternational Dispute Resolution Courts: Retreat or Advance?

Brierley Lecture with Lucy Reed
September 12, 2017

The Private Justice and the Rule of Law research team, with the support of the John E.C. Brierley Memorial Lecture Fund established by Yves Fortier, and the L. Yves Fortier Chair welcome Professor Lucy Reed, Director of the Centre for International Law at the National University of Singapore. 

Watch her talk and see some pictures of the event on the Private Justice and the Rule of Law's website.


New publication: Yearbook on International Investment Law & Policy 2014-2015

Yearbook on International Investment Law & Policy 2014-2015Edited by Professor Andrea K. Bjorklund. 664 pages. OUP 2016.

"Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments.

Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America.

A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally.

The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals.

A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law"... Find out more...


 

Yves Fortier with Andrea BjorklundMr. L. Yves Fortier and Prof. Andrea Bjorklund, on March 13, 2014, for the Inaugural Fortier Chair Conference.

The L. Yves Fortier Chair in International Arbitration and International Commercial Law, endowed in 2009, was created through the generous support of Rio Tinto Alcan Inc., in order to enhance the Faculty's leadership in the field of international arbitration and commercial law.

Closely linked with McGill Law’s Private Justice and the Rule of Law (PJRL) research team, the Chair aims to advance the understanding of theoretical and practical dimensions of international commercial law and arbitration, including trade, investment, contracts, as well as corporate and commercial law.

The Chair is named in honour of L. Yves Fortier, BCL 1958, formerly Canada’s Ambassador, Permanent Representative, Chief Delegate to the General Assembly of the United Nations and former Chairman of the Board of Alcan Inc.

Professor Andrea K. Bjorklund was appointed as the Chair's inaugural holder in 2013.

Research

Currently, the Fortier Chair’s research focuses in large part on dispute resolution. Arbitration in particular can be assessed on a “micro” level – how does it work; how can it be made better, and on a “macro” level – how does it fit within the general realm of international law, and how does it contribute to the rule of law.

The Chair approaches these issues from both a practical and a theoretical basis. On the “micro” level, we focus on discrete issues because of the need to enhance the efficacy and legitimacy of the arbitral process, whether it be investment or commercial. On the “macro” level, it is clear that to be just, a system must be founded on and must perpetuate the rule of law. There are significant questions about whether investment arbitration in particular satisfies these criteria; there is also significant disagreement among stake-holders about the purpose and goals of investor state dispute settlement and investment law generally. One must keep in mind that a goal of dispute resolution should be to understand the differences that gave rise to the dispute and the reasons underlying them. Read more...

About L. Yves Fortier, PC, CC, QC, BCL’58, LLD’05

Recognized internationally as one of the top arbitrators in the world, Mr. Fortier has served as Chairman or party-appointed arbitrator on more than 100 international arbitral tribunals. He has served as a member of the Permanent Court of Arbitration at The Hague and as President of the London Court of International Arbitration. Mr. Fortier served from 1988 to 1992 as Canada’s Ambassador and Permanent Representative to the Unitied Nations. He is a past chairman of Norton Rose Fullbright.