My interest in writing this paper was to combine my understanding of Canadian law and its economic systems to discuss unsustainable practices in current government policies and develop suggestions for future improvements. Over the last decade I have been attracted to a variety of topics of academic research including, financial engineering and portfolio development, Canadian education policies, and foreign investment procedures.
My previous research and writing has examined the development of the Canadian economy alongside the development of the Canadian Constitution; noting the economic solidification of the primary-resource gathering provinces, for the benefit of resource-consuming centre’s economic elite. The solution for which requires a constitutional amendment to the division of powers.
The global proliferation of international investment agreements (IIAs) and the inclusion of the principle of fair and equitable treatment (FET) in over 2000 investment treaties has resulted in the development of a broad scope of legal protections to foreign investors. This has been accomplished through investment treaties, private contractual provisions between transnational corporations and “host-states”, as well as through the resulting international investor-state jurisprudence.
This paper will explore the significance of human rights within the sphere of international investment arbitration. A breach of fair and equitable treatment is central in almost every investor-state dispute. Therefore, the majority of international investment arbitration decisions can be examined by their effects on human rights, generally, within host-states.
Argentina’s political history has experienced as much volatility as its economy. Once a top-ten economic contender in the world, Argentina has historically competed with its agricultural export sectors in international markets. Due to a growing lack of faith in Argentina by international capitalists, the country has fallen victim to their most-powerful creditors. This paper will examine the historical, economic, and political development of Argentina as well as the alleged causes and effects of their financial crises. The Argentine economy was developed as a staples-export hinterland, especially under the convertible exchange-rate years, and has been subjected to years of legal uncertainty due to lengthy litigation which ultimately caused Argentina’s second sovereign debt-default in under two decades.
This paper will examine the legal, political, and economic implications of the Canadian government’s use of the foreign investment national security review powers provided to the Governor in Council (federal cabinet), and the Minister of Innovation, Science and Economic Development (ISED), in consultation with the Minister of Public Safety.
Beginning with a quick overview of the paired foreign investment review tests, an examination of domestic financial policies, as well as international trade and economics are followed to offer deeper perspective on the development of Canadian policies. A breakdown of the national security review powers is read in the light of Canada’s position in the global economy, to reveal flaws in the embodiment of the Investment Canada Act (ICA) which could be putting Canada’s national economic security and sovereignty at risk.
Recommendations are made to include a more weighted consideration of sovereignty and economic independence, and formalize review behaviour, under the ICA’s national security review powers. The goal of this paper is to broadly examine perspectives related to integrating elements of economic security into Canada’s definition of ‘national security’.
Having lived in two provinces, abroad for two years and travelling to 11 countries, I am able to speak about Canada from both a global and domestic perspective. Canada is a relatively new country on the world’s map. Being isolated from Europe and Asia, and being so new, we have had to make many mistakes in our short past in order to learn, understand, change, and improve ourselves to reach the accomplishments we have made today. Presently we are viewed worldwide as a successful country and economy, however this does not mean that we must neglect to reflect on our choices, understand why they have been made, and make the necessary adjustments to further improve our society as a whole. This must be done efficiently and constantly in order to avoid stagnation, becoming set in our beliefs, and repeating past mistakes. Read More