Anthony VanDuzer

Anthony VanDuzer
Anthony VanDuzer
Full Professor

B.A. (Queen's)
LL.B.
LL.M. (Col.)

Room
57 Louis Pasteur St. Room 355
Phone
Office: 613-562-5800 ext. 3312
Office: 613-562-5124


Biography

Tony VanDuzer joined the Common Law Section in 1989. From July 1, 2018 to June 30, 2022, he held 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).  

At the law school, Professor VanDuzer teaches 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 providing advice on 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).   

Courses 2022-23

(on Sabbatical until December 31, 2022) 

  • TradeLab International Economic Law Clinic CML 3385 

  • FDI Moot CML 3120FA 

Recent Books

  • Mitchell McIness, Ian Kerr, J Anthony VanDuzer and Malcom Lavoie, Managing the Law: Legal Aspects of Doing Business, 6th ed (Toronto: Prentice Hall Canada, 2022)(author of 6 chapters, pages 509-646). 

  • 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). 
     

  • Mitchell McIness, Ian Kerr and J Anthony VanDuzer, Managing the Law: Legal Aspects of Doing Business, 4th ed (Toronto: Prentice Hall Canada, 2013)(author of 6 chapters, pages 514-657). 

 

  • Mitchell McIness, Ian Kerr and J Anthony VanDuzer, Managing the Law: Legal Aspects of Doing Business, 3d ed (Toronto: Prentice Hall Canada, 2010)(author of 6 chapters, pages 497-638). 

Recent Publications

  • "Canada," - co-authored with Melanie Mallet - in Thomas Cottier and Krista Nadakavukaren, eds, Encyclopedia of International Economic Law (Elgar, forthcoming 2022) (submitted February 2022, revised April 2022). 

  • Managing Conflicts between Indigenous Rights and International Trade Obligationsn” Cambridge University Press Blog (February 24, 2022) – co-authored with Melanie Mallet. 

  • “Binational Panel Review of Trade Remedies Determinations: Prospects for exporting the USMCA’s unique procedure” (2022) 17 Global Trade and Customs Journal 271-9. 

  • "State-to-State Disp ute Settlement under the USMCA: A missed opportunity? in Alfonso Lopez de la Osa Escribano and James W Skelton, eds, Essays in Honour of Professor Stephen T. Zamora: A Life Between Mexico and the United States (Houston: Arte Publico, forthcoming 2022). Download from SSRN 

  • “International Investment Agreements: Compatibility with Sustainable Development Goals 8 (Work), 9 (Infrastructure), and 11 (Cities)” in Sean Stephenson and Marie-Claire Cordonier Segger eds, Research Handbook on Investment Law and Sustainable Development (Elgar, forthcoming 2022). 

  • “2020 Developments in Home State Foreign Direct Investment Policies” – co-authored with Penelope Simons - in Lisa Sachs & Lise Johnson eds, 2020 Yearbook of International Investment Law and Policy (Oxford, OUP 2021) 57-79. 

  • “Indigenous Rights and Trade Obligations: How does the CUSMA’s Indigenous General Exception apply to Canada?” – co-authored with Melanie Mallet - (2021) 58 Canadian Yearbook of International Law 1-47. Winner of the Charles B Bourne Article Prize for an article published in the Canadian Yearbook of International Law that makes an outstanding contribution to 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) (2021) 22 Journal of World Investment and Trade 627-634. 

  • "Using International Investment Agreements to Address Corporate Impunity for Human Rights Violations in Extractive Industries" – co-authored with Penelope Simons - in Oonagh Fitzgerald, ed, The Corporation in International, Transnational and Domestic Law and Governance – Canadian Perspectives on Globalized Rule of Law (CIGI, 2020) 279-307. 

  • "Can international investment agreements be instruments of sustainable development? Capacity challenges for developing countries" in Joost Pauwelyn and Mengyi Wang, eds, Building Legal Capacity for a More Inclusive Globalization: Barriers to and Best Practices for Integrating Developing Countries into the Maze of Global Economic Regulation (Graduate Institute of International and Development Studies, 2019). Download from SSRN 

  • Ashley Schram, Arne Ruckert, J Anthony VanDuzer, Sharon Friel, Ronald Labonte, “Policy Responses to International Investment Arbitration: Adherence to Obligations or Regulatory Chill?” (2018) Global Policy. 

  • Ashley Schram, Arne Ruckert, J Anthony VanDuzer, Sharon Friel, Deborah Gleeson, Anne-Marie Thow, David Stuckler, Ronald Labonte; “A conceptual framework for investigating the impacts of international trade and investment agreements on non-communicable disease risk factors” (2017) Health Policy and Planning 1-14. 

  • “Full Protection and Security” in Thomas Cottier and Krista Nadakavukaren Shefer eds, Encyclopedia of International Economic Law, (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" (2016) 459 CD Howe Commentary . 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 Markus 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 Markus 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 Wenhua Shan, ed, The Legal Protection of Foreign Investment: A Comparative Study (Oxford and Portland: Hart Publishing, 2012) 173-240.  Download from SSRN  

  • “APEC’s Role in Rationalizing International Investment Obligations” in Junji Nakagawa, ed, 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).