Hyman Soloway Chair in Business and Trade Law and Full Professor
Room: 57 Louis Pasteur St. Room 355
Office: 613-562-5800 ext. 3312
Work E-mail: Anthony.VanDuzer@uOttawa.ca
Tony VanDuzer holds the Hyman Soloway Chair in Business and Trade Law. Previously, he was the Vice Dean of the English Program (1994-5) and Vice Dean (Research) of the Section (2006-8). Prior to joining the Section in 1989, he practised corporate and commercial law in Toronto with Fasken & Calvin (now Fasken). He has a BA from Queen's University, an LLB from the University of Ottawa and an LLM from Columbia University.
At the law school, Professor VanDuzer teaches contracts and upper year courses on domestic and international business law. Outside the law school, Professor VanDuzer has taught more than 20 short courses to officials from Canadian government departments and more than a dozen foreign states on various trade and investment issues both in Canada and abroad. He has also taught in the University of Ottawa Executive MBA program, at the Queen’s University International Studies Centre in England, the Westfalische Wilhelms-Universitat in Germany and the University of Waikato Te Piringa Faculty of Law in New Zealand.
Professor VanDuzer’s main area of research interest is international trade and investment. He has been a member of the Academic Advisory Council to the Deputy Minister for International Trade and participated in technical assistance projects relating to business and trade law in transition and developing economies, including Armenia, Bangladesh, China, El Salvador, Georgia, Kyrgyzstan, Pakistan, Russia, Thailand, Ukraine and Vietnam. He has acted as an outside legal assessor for the Central and Eastern European Law Initiative of the American Bar Association in reviewing a draft Foreign Trade Law for Bosnia-Herzegovina and a draft Competition Protection Act for Bulgaria. He worked as a foreign expert advising on the development of a new foreign trade law for Russia which was passed by the Duma in 2005.
Professor VanDuzer's publications include The Law of Partnerships and Corporations (now in its fourth edition and cited more than 40 times by courts, including the Supreme Court of Canada) as well as articles on business, trade and investment law issues. With Professor Gilles Paquet of the School of Management, Professor VanDuzer wrote Anticompetitive Pricing Practices and the Competition Act: Theory, Law and Practice, a major study for the Competition Bureau published in 1999. Many of the recommendations for reform of the Competition Act were included in amendments passed in 2009. In 2005, his study for the Department of Foreign Affairs and International Trade, Health, Education and Social Services in Canada: The Impact of the WTO General Agreement on Trade in Services was tabled before the Standing Committee on Foreign Affairs and International Trade. Along with Professor Simons and Professor Mayeda, in 2013 he completed Integrating Sustainable Development into International Investment Treaties: A Guide for Developing Countries published by the Commonwealth Secretariat.
Professor VanDuzer is a co-chair of the Faculty’s International Law Group and an Adjunct Research Professor at the Norman Paterson School of International Affairs at Carleton University. In 2018, He received Common Law Section awards for Excellence in Teaching (English Program) and Public Engagement: Public Education and Outreach. Professor VanDuzer is very involved in mooting at the law school. He coaches the Foreign Direct Investment Moot team (with Professor Daimsis and Jolene Hansell) and the Canadian Corporate/Securities Moot team (with Professor Vasudev).
- Business Organizations CML 2302B
- TradeLab International Economic Law Clinic CML 3385
- FDI Moot CML 3120FA
- J. Anthony VanDuzer and Patrick Leblond, eds, Promoting and Managing International Investment: Toward an Integrated Policy Approach (London and New York: Routledge, 2020)(295 pages)(co-author of three chapters).
- J. Anthony VanDuzer, The Law of Partnerships and Corporations, 4th ed (Toronto: Irwin, 2018)(728 pages).
- Mitchell McIness, Ian Kerr and J. Anthony VanDuzer, Managing the Law: Legal Aspects of Doing Business, 5th ed (Toronto: Prentice Hall Canada, 2017)(author of 6 chapters, pages 491-631).
- J. Anthony VanDuzer, Penelope Simons and Graham Mayeda, Integrating Sustainable Development into International Investment Agreements: A Guide for Developing Countries (London: Commonwealth Secretariat, 2013)(570 pages)(lead author and editor).
Selected Recent Publications
- “2020 Developments in Home State Foreign Direct Investment Policies” – co-authored with Penelope Simons, in 2020 Yearbook of International Investment Law and Policy, Lisa Sachs & Lise Johnson eds. (Cambridge, CUP forthcoming 2021).
- “Indigenous Rights and Trade Obligations: How does the CUSMA’s Indigenous General Exception apply to Canada?” – co-authored with Melanie Mallet, forthcoming (2020) 58 Canadian Yearbook of International Law.
- Book Review, Indigenous Peoples and International Trade: Building Equitable and Inclusive International Trade Agreements, John Borrows and Risa Schwartz (eds) (Cambridge: CUP 2020) forthcoming (2021) 22 Journal of World Investment and Trade.
- "Using International Investment Agreements to Address Corporate Impunity for Human Rights Violations in Extractive Industries" – co-authored with Penelope Simons, in The Corporation in International, Transnational and Domestic Law and Governance – Canadian Perspectives on Globalized Rule of Law (CIGI, 2020).
- "State-to-State Dispute Settlement under the USMCA: A missed opportunity? in Festchrift for Stephen Zamora, (Houston: Arte Publico, submitted and forthcoming 2020). Download from SSRN
- "Can international investment agreements be instruments of sustainable development? Capacity challenges for developing countries" in Building Legal Capacity for a More Inclusive Globalization: Barriers to and Best Practices for Integrating Developing Countries into the Maze of Global Economic Regulation, Joost Pauwelyn and Mengyi Wang, eds, 2019. Download from SSRN
- “Full Protection and Security” in Encyclopedia of International Economic Law, Thomas Cottier and Krista Nadakavukaren Shefer eds (Elgar, 2017).
- “Canadian Investment Treaties with African Countries: What Do They Tell Us About Investment Treaty Making in Africa?” (2017) 18 Journal of World Investment and Trade 556-584. Download from SSRN
- “Compliance with Canada’s Trade and Investment Treaty Obligations: Addressing the Gap between Provincial Action and Federal Responsibility” (with Melanie Mallet), (2016) 54 Alberta Law Review 1. Download from SSRN
- "ISDS in CETA: Is it the Gold Standard" CD Howe Commentary 459 (2016). Download from SSRN
- “The Complex Relationship Between International Investment Law and Climate Change Initiatives: Exploring the Tension” in Panagiotis Delimatsis, ed. Research Handbook on Climate Change and Trade Law (part of the Edward Elgar’s Research Handbooks in Climate Law Series, 2016).
- “Sustainable Development Provisions in International Trade Treaties: What Lessons for International Investment Agreements?” in M Krajewski and Steffan Hindelang, eds, Shifting Paradigms In International Investment Law: More Balanced, Less Isolated, Diversified Approaches (Oxford University Press, 2016).
- “NAFTA’s Approach to Protecting Public Services: Fragmentary, Asymmetrical, Rigid and Limited” in M Krajewski, ed, Beyond the Single Market - External and International Dimensions of Services of General Interest in EU Law (Heidelberg: Springer, 2015). Download from SSRN
- “Could an Intergovernmental Agreement Make Canadian Treaty Commitments More Credible in Areas within Provincial Jurisdiction” (2013) 68 International Journal 536-544.
- “A Critical Look at the Prospects for Robust Rules for Domestic Regulation of Services in Preferential Trading Agreements” (2012) 39 Legal Issues of Economic Integration 29-49. Download from SSRN
- “Canada” in The Legal Protection of Foreign Investment: A Comparative Study, Wenhua Shan, ed. (Oxford and Portland: Hart Publishing, 2012) 173-240. Download from SSRN
- “APEC’s Role in Rationalizing International Investment Obligations” in Rationalizing International Investment Obligations” in Multilateralism and Regionalism in Global Economic Governance: Trade, Investment and Finance (Routledge: London and New York, 2011).
- “Canada's New National Security Review of Foreign Investments under the Investment Canada Act” (2010) Canadian Council of International Law Bulletin (1,500 words)(on line) Download from SSRN
- “Mixed Signals: What Recent Developments Tell US About Canadian Foreign Investment Policy” (2010) 10 Asper Review of International Business and Trade Law 247-267. Download from SSRN
- “BCE v. 1976 Debentureholders — The Supreme Court’s Hits and Misses in its Most Important Corporate Law Decision Since Peoples” (2010) 43 UBC Law Review 205-258. Download from SSRN
- “A Commonwealth Guide on International Investment Agreement Provisions Promoting Sustainable Development,” (2010) 72 Trade Hot Topics.
- “A Closer Look at Canada's Imminent Accession to the ICSID Convention” (2009) 35 Canadian Council of International Law Bulletin (with Anthony Daimsis). Download from SSRN
- “Dispute Resolution under NAFTA: Evolution and Stagnation” in Regional Economic Integration: ASEAN and Canadian Perspectives (ASEAN-Canada Forum 2008) (Institute for Southeast Asian Studies, Singapore, 2010).
- “Foreign Investment and Development: The Role of Domestic Policy and International Investment Agreements” in Commonwealth Finance Ministers’ Reference Report 2008 (London: Commonwealth Secretariat, 2008) (4 pages) (2500 words). Download from SSRN
- “Modeling International Investment Agreements for Economic Development” (with Penelope Simons and Graham Mayeda) in Bilateralism and Development: Emerging Trade Patterns, V. Qalo, ed. (London: Cameron May, 2008) 359-410 (lead author and editor).
- “Enhancing the Procedural Legitimacy of Investor-state Arbitration Through Transparency and Amicus Curiae Participation” in (2007) 52 McGill Law Journal 681-723 (SSRN's Top Ten download lists for Recent Hits IEL: Investment (Topic), IEL: Dispute Resolution (Topic); LC: Litigants & the Judiciary (Topic); and LSICL: International Arbitration (Topic), July 2008). Download from SSRN
- “Untangling Access to the Canadian Market for Foreign Legal Consultants and Foreign Law Firms” (2007) 15 Michigan State University Journal of International Law 697-721.
- “Emerging Transparency Requirements in Investor-State Arbitration” in The Organization of American States: Workshops on International Law (Canada 2005) (General Secretariat of the Organization of American States: Washington, 2006) at 149-172.
- “Navigating between the Poles: Unpacking the debate on the implications for development of GATS obligations relating to health and education services” in Reforming The World Trading System: Legitimacy, Efficiency And Democratic Governance (Oxford: Oxford, 2005) at 167-196; also published in Developing Countries in the Doha Round: WTO Decision-making Procedures and Negotiations on Trade in Agriculture and Services, E.-U. Petersmann, ed. (Florence: Robert Shuman Centre for Advanced Studies, 2005) at 291-327. Download from SSRN
- “Health, Education and Social Services: The Impact of the GATS in Canada (2005) Trade Policy Research at 303-497 plus appendices. Download from SSRN
- “The Canadian Preoccupation with NAFTA’s Impact on Health Care: An Non-issue, A Serious Issue, or Something In Between” in The First Decade of NAFTA: The Future of Free Trade in North America (New York: Transnational Publishers, 2004)(at 183-229).
- “The Challenge of the GATS for Transition Economies Seeking to Join the WTO,” (2004) 1 International Economic Policy 22-60.
- Introduction to the Law and Economics of Canadian International Investment Policy in Canada with Christopher Maule (International Trade Canada)(223 pages) (author of 5 of 6 chapters and general editor)(2004)