Category Archives: International Law

From Regulatory Chill to Regulatory Concussion: NAFTA’s Prohibition on Domestic Performance Requirements and an Absurdly Narrow Interpretation of Country Specific Reservations

PDF version: From Regulatory Chill to Regulatory Concussion: NAFTA’s Prohibition on Domestic Performance Requirements and an Absurdly Narrow Interpretation of Country Specific Reservations Award commented on: Mobil Investments Canada Inc. and Murphy Oil Corporation v Canada, ICSID Case No ARB(AF)/07/4. Decision … Continue reading

Posted in International Investment, International Law, Oil & Gas | 1 Comment

Low Carbon Energy Policies: Vested Rights, Legitimate Expectations, and Differential Treatment in Domestic and International Law

By: Nigel Bankes PDF Version: Low Carbon Energy Policies: Vested Rights, Legitimate Expectations, and Differential Treatment in Domestic and International Law Cases and Matters Commented On: Secretary of State for Climate Change v Friends of the Earth and Others, [2012] … Continue reading

Posted in Administrative Law, Carbon Capture and Storage, Climate Change, Energy, International Law | Comments Off on Low Carbon Energy Policies: Vested Rights, Legitimate Expectations, and Differential Treatment in Domestic and International Law

The implications of the Tsilhqot’in Case for the Numbered Treaties

PDF version: The implications of the Tsilhqot’in Case for the Numbered Treaties Cases Considered: Williams v British Columbia, 2012 BCCA 285, and Lameman v Alberta, 2012 ABQB 195 The unanimous decision of the British Columbia in Williams, (a.k.a. the Tsilhqot’in … Continue reading

Posted in Aboriginal, International Law | 1 Comment

Do Global Law Firm Mergers Expand an Arbitrator’s Continuing Obligation to Disclose Conflicts of Interest Under the ICSID Arbitration Rules?

PDF version: Do Global Law Firm Mergers Expand an Arbitrator’s Continuing Obligation to Disclose Conflicts of Interest Under the ICSID Arbitration Rules?  Decision considered: ConocoPhillips Company et al. v The Bolivarian Republic of Venezuela Two members of an ICSID arbitral … Continue reading

Posted in Arbitration, Ethics and the Legal Profession, International Law | Comments Off on Do Global Law Firm Mergers Expand an Arbitrator’s Continuing Obligation to Disclose Conflicts of Interest Under the ICSID Arbitration Rules?

Alberta Court of Appeal Declines to Appoint Counsel in Extradition of Jorge Sosa

Decision considered: United States of America v Sosa, 2012 ABCA 56 Emma McAuliffe wrote a blog expressing reasons why Jorge Sosa should face war crimes charges in Canada before being extradited to the United States (see: Why Canada should Address … Continue reading

Posted in Criminal, Human Rights, International Law | Comments Off on Alberta Court of Appeal Declines to Appoint Counsel in Extradition of Jorge Sosa