Cooperation in the Pacific Rim by Jakob Polacsek, World Economic Forum (CC BY-NC-SA 2.0) https://www.flickr.com/photos/worldeconomicforum/48179628441

Digital Trade

President Schulz meets Minister Freeland by Martin Schulz (CC BY-NC-ND 2.0) https://flic.kr/p/Mz3yij

The Devil is in the Details: Why CETA is on the Verge of Collapse

The seeming collapse of the trade agreement between Canada and the European Union (CETA) has created obvious disappointment for International Trade Minister Chrystia Freeland and the entire Canadian government, which made the deal as its top trade issue. Efforts to salvage CETA will undoubtedly continue, but my Globe and Mail column points out that the underlying problem with the agreement is not the complicated European political system that requires support from all member states.

Rather, it is the expansion of trade negotiations from agreements that once focused primarily on tariff reductions to far broader regulatory documents that now mandate domestic legal reforms and establish dispute resolution systems that can be result in huge liability for national governments. This enlarged approach to trade deals, which can also be found in the controversial Trans Pacific Partnership (TPP), run the risk of surrendering domestic policy choices to other countries or dispute tribunals.

If CETA were limited to tariff reductions, it would be relatively uncontroversial. The discomfort with the agreement lies instead in the mandated changes to domestic regulations and the creation of investor – state dispute settlement mechanisms that may prioritize corporate concerns over local rules.

October 25, 2016 — 2 comments — Columns

IMG_5146 by campact (CC BY-NC 2.0) https://flic.kr/p/MTcoe1

CETA Talks Break Down: “It is Evident that the EU Is Incapable of Reaching an Agreement”

International Trade Minister Chrystia Freeland has walked out of talks aimed at addressing Belgian opposition to the Canada-EU Trade Agreement, stating:

I have personally worked very hard, but it is now evident to me, evident to Canada, that the European Union is incapable of reaching an agreement – even with a country with European values such as Canada, even with a country as nice and as patient as Canada. Canada is disappointed and I personally am disappointed, but I think it’s impossible. We are returning home.

Leaving aside the odd reference to how nice Canada is, this is remarkable language that lays bare the obvious frustration and disappointment for the government which prioritized the CETA agreement above all others. The prospect of the deal falling apart has been evident for months. I wrote in July that the agreement was in more trouble than the Canadian government would admit, noting that opposition from any national or regional government could kill CETA altogether. Canadian officials downplayed the risk, but it was obvious that CETA faced stiff opposition that would not be easy to overcome.

October 21, 2016 — 9 comments — News

The Trouble with the TPP’s Copyright Rules

For the past two months, the Canadian Centre for Policy Alternatives has been publishing an exceptionally important series on the problems with Trans Pacific Partnership. I was pleased to participate in this initiative and yesterday the CCPA posted my contribution. The Trouble with the TPP’s Copyright Rules draws on my earlier Trouble with the TPP series to highlight several of the copyright concerns associated with the agreement, including copyright term extension, the limited applicability of Canada’s notice-and-notice rules, and the expanded criminalization of copyright law.

July 29, 2016 — Comments are Disabled — News

CETA_16-06-05_26 by Chris Grodotzki / Campact (CC BY-NC 2.0) https://flic.kr/p/HKo1eD

Why the Canada – EU Trade Deal is in More Trouble Than the Government Admits

The Canadian government has characterized the proposed trade agreement between Canada and the European Union (CETA) is its top trade priority. The deal would increase trade by removing tariffs from many products, but also create significant costs. The implications for digital and intellectual property issues are particularly important, with chapters on e-commerce and telecommunications services, an extension of patent protections for pharmaceutical drugs could raise health care costs by millions of dollars, and protections for hundreds of geographical indications may restrict Canadian producers of common cheeses, wines, and meats.

My weekly technology law column (Toronto Star version, homepage version) notes that the substance of CETA merits debate, but its most distinguishing feature during the seven years of negotiations has been the steady stream of unrealistic claims from Canadian officials about how close they are to concluding the deal.

July 12, 2016 — Comments are Disabled — Columns

TPP townhall by @CommerceCanada https://twitter.com/CommerceCanada/status/743239245188435968

Democracy in Action: Reflecting on the Toronto TPP Town Hall

Yesterday I had the pleasure of appearing as a panelist at the government’s town hall meeting in Toronto on the Trans Pacific Partnership. The town hall, held in a packed auditorium at the University of Toronto, featured International Trade Minister Chrystia Freeland (in listening mode) along with three panelists (myself, C. D. Howe’s Daniel Schwanen, and Unifor’s Jerry Dias) and moderator Dan Breznitz of the Munk School.

It is easy to become cynical about the government’s emphasis on public consultations. They are happening everywhere – innovation, digital CanCon, TPP, and soon copyright to name a few. But to attend yesterday’s TPP town hall was to witness the remarkable passion and enthusiasm for public engagement on critical public policy issues. The event ran nearly 2 1/2 hours with dozens of speakers from an incredible range of ages, backgrounds, and interests. There were librarians and archivists focused on copyright term extension and digital locks; several doctors spoke to the impact of the TPP on public health and access to medicines, food experts highlighted the dangers associated with food security, environmental activists focused on the TPP and climate change, and speakers of all ages (including a 92 year old woman) expressed concern with the investor-state dispute resolution provisions. Some speakers quoted from Freeland’s book on plutocrats to note the inconsistency between the TPP and the Minister’s prior writing. An aboriginal student nearly broke down speaking about the need to consult first nations, bringing the room to its feet.

June 16, 2016 — 10 comments — News