May 20, 2016
GCIG Paper No. 33
This paper establishes some of the basic Internet principles that have enabled innovation and interoperability. It explains how market economy forces have shaped the evolution of Internet standards, and warns about specific market-driven trends that threaten to erode the Internet’s openness.
May 20, 2016
CIGI Paper No. 103
Canada has achieved remarkable progress in reducing energy loss through efficiency initiatives, engaging in mutually beneficial trade and developing a mechanism to coordinate provinces’ energy sectors. After exploring the current state of the Central Asian energy sectors, this paper looks at what Canadian best practices in energy security can offer Central Asian states to improve their prospects for energy security.
May 17, 2016
GCIG Paper No. 32
This paper discusses the new trade-related concerns that need to be addressed, including the difficulty of determining jurisdiction and rules of origin, the classification of products and relevant disciplines applicable to them, complications arising for competition policy and regulatory practices due to bundling of products enabled by Internet and new communications technologies, some intellectual property rights issues, special assistance to small and medium-sized enterprises, and a need for effective participation by the private sector in developing appropriate regulatory regimes.
Limiting Dangerous Climate Change: The Critical Role of Citizen Suits and Domestic Courts—Despite the Paris Agreement
May 11, 2016
CIGI Papers No. 101
This paper focuses on the emerging new role of citizen suits, domestic courts and human rights commissions in limiting dangerous climate change. Given the failure of states to stop the almost constant increase in global carbon emissions (and now the worrying practical and legal gaps in the 2015 Paris Agreement), frustrated citizens are increasingly looking to domestic courts to require governments to mitigate emissions and limit climate harm. This emerging role is demonstrated in three important 2015 decisions: Urgenda from the Netherlands; Leghari from Pakistan; and Foster v Washington Department of Ecology from the United States.
May 10, 2016
GCIG Paper No. 30
This paper explains how the economic costs of data localization and associated regulations on the free flow of data affect downstream economies in a group of emerging economies and the European Union.
Looking Back on the First Round of New gTLD Applications: Implications for Trademarks and Freedom of Expression
May 10, 2016
GCIG Paper No. 31
The paper reflects on what has been learned from both traditional second-level domain name disputes and oppositions to new gTLD applications, with the expectation that these lessons can be carried forward into future application processes for new gTLDs.
May 4, 2016
The Trans-Pacific Partnership (TPP) Agreement was concluded in October 2015, but still faces the challenge of ratification in each of the 12 member countries that are partners to the agreement. China, the world’s second-largest economy, is not part of the TPP agreement, which has provoked a great deal of debate within China on the best strategy for it to take to deal with the TPP. This paper discusses China’s possible trade strategy in light of the TPP.
April 15, 2016
CIGI Papers No. 100
This paper reviews a range of issues associated with proposals for creditor engagement clauses (CECs) in sovereign bond contracts. CECs have moved onto the international policy agenda in the wake of the recent introduction of model “second-generation” collective action clauses (CACs) designed to address problems highlighted by the protracted litigation between Argentina and its holdout creditors.
April 15, 2016
GCIG Paper No. 29
A review of case statistics shows that patent filing and assertion activity is substantially lower for Internet-related standards than for standards relating to telecommunications and other computing technologies. This paper analyzes historical and social factors that may have contributed to this divergence, focusing on the two principal Internet standards bodies: the Internet Engineering Task Force and the World Wide Web Consortium.
April 13, 2016
Investor-State Arbitration Series, Paper No. 3
Hugo Perezcano addresses some of the flaws in the arguments that have been advanced against investor-state arbitration (ISA). Excluding ISA from international investment agreements will not resolve any of the underlying problems, actual or perceived, the author argues. It is likely to intensify others, such as fragmentation of international investment law, and to fuel adverse reactions and political rhetoric from those countries upon which the system continues to be imposed. A better approach would be to work toward improving the system.