Books
NAFTA: Legal Text and Interpretative Materials, Three Volumes (West Publishing, 2007)
NAFTA: Text and Selected Materials (West Publishing, 2007)
Navigating NAFTA: A Concise User’s Guide to the North American Free Trade Agreement (Lawyers Cooperative Publishing and Carswell Publishing Limited, 1994)
Book Chapters
“Time and Tide Wait for No One: The Curious Consideration of Time in International Investment Treaty Law,” co-authored with R. Howse, chapter in International Law and Time: Narratives and Techniques (Springer, 2022)
“Deliberations on the NAFTA Decade: Confronting Facts and Fiction in Light of Recent NAFTA Decisions,” in Investor Protection in the NAFTA and Beyond: Private Interest and the Public Purpose (C.D. Howe Institute, 2006)
“International Agreements and National Health Plans,” in Market Limits in Health Reform: Public Success, Private Failure (Routledge Press, 2006)
“Has the Tide Turned Against Investment Protection,” in Separating Fact from Fiction: International Investment Law Issues, the NAFTA and the Regulatory State (C.D. Howe Institute Commentary, 2002)
“International Agreements and National Health Plans: NAFTA?” in Market Limits in Health Reform: Public Success, Private Failure (Routledge Publishing, 1999)
“Expropriation and NAFTA: International Investment Agreements and the Public Domain: External Limits on Public Policy Choices,” in Globalization and the Public Domain (York University Press)
“The Missing Link: Meech Lake, Free Trade, and Powers of Social Ordering,” in Re-Forming Canada? The Meaning of the Meech Lake Accord and the Free Trade Agreement for the Canadian State, 1 Dean’s Conference on Law and Policy 39 (Institute of Intergovernmental Relations, 1988)
Articles
“Canada submits to China's algorithmic colonialism,” op-ed in The National Post (2025)
“Canada is becoming Digitally Subservient to the US in the Global Economy,” op-ed in The Globe and Mail (2025)
“Digital Sovereignty must drive Canada’s US Trade Strategy,” op-ed in The Hill Times (2025)
“Comparing ICSID and Ad Hoc Treaty Arbitration: Will Changes in ICSID Senior Management Spur Changes,” II(2) Global Arbitration Review (2007)
“Expropriation and the Methanex Claim,” 1(9) Appleton’s International Investment Law and Arbitration News (2005)
“With a Little Help From my Friends: Assessing the Role for Friends of the Court Briefs in Investor-State Arbitration,” co-authored with A. Kaushal, 1(8) Appleton’s International Investment Law and Arbitration News (2005)
“A Close Look: An Analysis of Plama v. Bulgaria,” 1(3) Appleton’s International Investment Law and Arbitration News (2005)
“MFN and International Investment Treaty Arbitration: Have We Lost Sight of the Forest Through the Trees?” 1(2) Appleton’s International Investment Law and Arbitration News (2005)
“Regulatory Takings: The International Law Perspective,” 11 New York University Environmental Law Journal 35 (2002)
“NAFTA Protects the Public,” op-ed in the National Post (2001)
“Canada Is Encouraging Old-fashioned Trade Barriers,” National Post (2001)
“Forestry and the MAI: Protecting Investors’ Rights,” Atlantic Forestry Review (1998)
“Cross-Border Claims: Fast-Track Settlements Can Help Canadian Insurance Companies with NAFTA Investment Disputes,” Canadian Insurance Statistics Magazine (1996)
“NAFTA and Investment: An Economic Constitution?” Canada Watch (1996)
“NAFTA Rules Make Free Trade Less Free for Small Business,” Access Americas Magazine, and Trade and Commerce Magazine (1995)
“The NAFTA ‘Investor-State’ Dispute Settlement Process,” Ontario Business Journal (1995)
“NAFTA’s ‘Investor-State’ ADR Process: System Settles Disputes Between Individuals and Governments,” The Lawyers Weekly (1995)
“Bigger But Not Necessarily Better,” Global Investment in Canada (1994)
Editing
Editor in Chief, Appleton’s Investor-State Reports (Thomson/West Publishing, Westlaw service)
General Editor, Investor-State Reports Digest (Thomson/West Publishing, Westlaw service)
Editor in Chief, Investment Treaty Service (Westlaw service)
“The European Union’s Proposed Investment Court,” co-edited with S. Stephenson, Investment Treaty Working Group, International Arbitration Committee of the American Bar Association Section of International Law (2016)
Editor in Chief, Appleton’s International Investment Law and Arbitration News (Thomson/West Publishing, Westlaw service, 2005–2007)
Other Writing
Blog Proprietor, Cause & Effect
“Sovereign Capabilities for a Low-Trust World: Canada’s Founding Moment 2.0,” “Multilateral Strategies for Canada: Building Alliances in a Low-Trust World,” “Creating a Canadian Digital Graphene Dome: Securing Sovereignty in a Fracturing Digital World,” “Building Canada’s Future Through Innovation Refuge: Capturing Displaced STEM Talent for National Security and Prosperity,” “Canada’s Arctic: A Strategic Blueprint for Resilient Sovereignty (with Ann Fitz-Gerald),” “Securing the Final Frontier: Canada’s Space Sovereignty Strategy,” “Deploying Canada's Critical Minerals for Strategic Leverage and National Security,” “The Buy Canada Framework: From Client State to Sovereign Power (with Paul Samsom),” in Sovereign Canada: Strong, Free and Ready Initiative Policy Papers, Centre for International Governance Innovation (2025)
“Digital Sovereignty vs. Trade Liberalization: India's Algorithm Disclosure Dilemma” case study in Balsillie Case Studies, Balsillie School of International Affairs (2025)
“The Impact of Trade Agreements on North American Financial Service Regulation,” paper presented at the Conference on Competition in the Financial Services Sector, The Canadian Institute (1997)
“Expropriation and the North American Free Trade Agreement,” paper presented at the Annual Meeting of the Ontario Expropriation Association (1997)
Written Testimony to the U.S. Trade Representative on Request for Comments to Assist in Reviewing and Identifying Unfair Trade Practices and Initiating All Necessary Actions to Investigate Harm from Non-Reciprocal Trade Arrangements - USTR-2025-0001-00110196. March 7, 2025
Oral Testimony before the U.S. International Trade Commission and the U.S. Trade Representative under Section 301 Investigation: Nicaragua's Acts, Policies, and Practices Regarding Labor Rights, Human Rights, and Rule of Law, January 16, 2025
Expert Testimony on Investor-State Treaty Disputes. Appearance before the Canadian House of Commons Standing Committee on International Trade, March 26, 2021.
“International Investment Law implications on Cross-Boundary Legislation.” Appearance before Canadian Senate Standing Committee on Foreign Affairs on Bill C-6, December 14, 2001.
“Canada’s Fresh Water and NAFTA.” Water Summit, Submission and Appearance before Special Parliamentary Committee, July 24, 2001.
“Expert Commentary on the Multilateral Agreement on Investment.” Submission and Appearance before the Special Legislative Committee on the Multilateral Agreement on Investment of British Columbia, September 30 and October 1, 1998.
“Professional Sports and International Trade Agreements.” Appearance before the Canadian Parliamentary Sub-Committee on the Study of Sport in Canada of the Standing Committee on Canadian Heritage May 12, 1998.
“The Multilateral Agreement on Investment and Canadian Social Policy.” Submission and Appearance before the House of Commons Standing Committee on Health, December 2, 1997.
“The Multilateral Agreement on Investment and the Environment.” Submission and Appearance before the House of Commons Standing Committee on Foreign Affairs and International Trade, Sub-Committee on International Investment, November 18, 1997.
“Ordre Public and International Law.” Submission and Appearance before the House of Commons Standing Committee on Industry, March 4, 1997.
“The North American Free Trade Agreement and Investment.” Submission and Appearance before the Senate Standing Committee on Energy, the Environmental and Natural Resources, February 19, 1997.
“The Export Exception and the WTO TRIPs Code.” Submission and Appearance before the House of Commons Standing Committee on Foreign Affairs, 1995.
“The Parted Coronet: The Power of the Provinces and International Trading Agreements.” Submission to the Ontario Cabinet Sub-Committee on Free Trade, November 17, 1987.