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ASPER CHAIR NEWSLETTER - UNIVERSITY OF MANITOBA, FACULTY OF LAW bryanschwartz.bryan-schwartz.com 1

SPER CHAIR IN INTERNATIONAL BUSINESS AND TRADE LAW

MOVING FORWARD WITH SCHOLARSHIP, TEACHING AND EXPERIENTIAL LEARNING

The “bicycle” or “Shark” theory of international trade law holds that unless there is constant progress in promoting international trade, conditions will regress or collapse. We believe that the Asper Chair Program, now in its eighteen year, is moving swiftly and efficiently in many dimensions including scholarship, teaching programs and experiential learning for students. We are always, however, constantly searching for and implementing new ideas.

In 2017-2018 our plans include further developing the Israel and International Law Program, which we believe is already the most widely attended overseas summer program for Canadian law students. We hope to continue to enroll at least a third of each year’s first year class in the program, and to increase attendance from other law schools

across Canada, and to have our first participation from at least a few practicing lawyers who take the course, in whole or in part, as part of their continuing legal education.

The Asper Review of International Business and Trade Law is currently ranked first in Canada among peer-reviewed international trade law journals and seventh in the world (Washington and Lee University annual survey). It is also ranked within the top ten of all Canadian law journals, both general and specialized. The annual INTLaw conference will continue to be a major generator of content for the Review. This year’s edition’s themes will include “The Sharing Economy” and “Secession movements in the

context of Regional Organizations such as the European Union.”

Our scholarly endeavours will include initiating or completing projects on the sharing economy, the demise of several supply management systems in Canada – in comparison to the robust persistence of our dairy marketing regime – and on cybersecurity and the law.

Over the years, the Asper Chair has developed a number of new courses: International Business Law, International Trade Law, the Israel and International Law Program, participation in the Annual the Willem C. Vis International Commercial Arbitration Moot, the Asper Chair publications course, Internet and E-Commerce Law. Looking ahead, we are beginning to exploring the possibility of reshaping the International Business Law course so that it includes an international travel component for students. For more information Please email Bryan Schwartz, [email protected], or phone 204-474-6142.

ASPER CHAIR VISION 2017

New editions of the peer-reviewed Manitoba Law Journal and the Asper Review were launched in the fall of 2017.

2 ASPER CHAIR NEWSLETTER - UNIVERSITY OF MANITOBA, FACULTY OF LAW


Dr. Bryan Schwartz holds an LL.B. from Queen’s and a Master’s and Doctorate in law from Yale Law School. He has been a member of the Faculty of Law at the University of Manitoba since 1981, and in 1999 became the inaugural Asper Professor of International Business and Trade Law. Dr. Schwartz has produced eighteen books or major governmental studies. Of these, he has authored ten books and served as project leader, editor or co-editor and contributing author for seven others. He has also produced over two hundred other publications, including over one hundred academic articles. He is the founding and general editor of both the Asper Review of International Business and Trade Law and the Underneath the Golden Boy series, an annual review of legislative developments in Manitoba. Additionally, he is now the co-editor of the Manitoba Law Journal.

Dr. Schwartz has taught or written in a wide range of areas during his years at Robson Hall including Constitutional law, Legislative Process, Public and Private International law, International Trade and Business law, Internet and E-Commerce law, Labour law, Indigenous law, Legal Systems, Domestic, Comparative and International Contracts, Law and Religion, Alternate Dispute Resolution, and has supervised several Moots including the Jessup, Vis and Niagara. Recently, his focus has been on international business and trade law, internet law, and legislative process. He is the Inaugural winner of the Barney Sneiderman award for teaching excellence, and over the years has received numerous awards and honours for teaching, scholarship, and community service.

Dr. Schwartz’s practical experience has included acting as counsel for Pitblado LLP, Barristers & Solicitors since 1994. He has advised or presented in a wide variety of public and commercial law cases in a wide variety of courts and tribunals. He has participated in drafting briefs and presenting oral argument in over a dozen Supreme Court of Canada cases. In recent years his clients have also included federal,

provincial, municipal, and aboriginal governments, as well as private individuals, non-profit organizations, and administrative agencies. The issues in which he has been involved include legislation and public policy, and constitutional, administrative, Indigenous human rights, corporate commercial, labour, environmental, internet, health care and regulated professions law. In 2017, the province of Manitoba commissioned him to write an expert opinion on the constitutionality of proposed federal and provincial measures in the area of carbon taxes.

Dr. Schwartz has served as an arbitrator in international trade law cases and labour grievances. He has been a Canada Labour Code adjudicator since 1994, and has served as a sole arbitrator or panel member in a number of grievances brought under collective agreements.

Bryan Schwartz, Asper ChairACADEMIC PROFILE

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Canada’s only journal dedicated to international business and trade law was inaugurated by Dr. Bryan Schwartz in 2000. Volume XVII was launched at a special event held at Robson Hall on October 18, 2017, coined a ‘Mega’ book launch that celebrated the publication of eight faculty-written and edited works of academic legal writing and research.

The Washington and Lee University survey of law journals for 2017 ranked it eighth out of 61 Canadian Law Journals, and third among 48 specialized law journals in Canada. Among four Canadian law journals specializing in international law, the Asper review ranked second. The Asper review was the top ranked

Canadian journal on international trade law. It is ranked seventh in the world among peer-reviewed international trade law journals. Professor Evaristus Oshionebo of the University of Calgary joined Dr. Schwartz as co-editor in 2014.

The Journal benefits every year from the contributions of two Canadian Credential Management Fellows who serve as senior editors. To view full articles of the Asper Review, visit:

asper-chair.com/index.php/asper-review

Editorship of the Manitoba Law Journal was assumed by Professors Darcy MacPherson and Bryan P. Schwartz in 2010. Over the years it has often been a forum for publications about the application of international business and trade law to Manitoba issues, such as “democratizing the Regulation Making Process in Manitoba, Drawing on National and International Best Practices”, 35 Manitoba Law Journal 1 (2012).

A peer reviewed journal, the MLJ received for the first time in 2014, a Social Sciences and Humanities Research Council (SSHRC) Grant in Aid of Scholarly Journals. The grant has just been extended to 2018, and will amount to over one hundred thousand dollars.

The MLJ has acquired a distinctive identity now as a home for scholarship

that is relevant to our own Manitoba community. The MLJ has gone, since Schwartz led its reformation, from publishing an average of zero articles per year on Manitoba subjects to over forty. At the same time, its content extensively draws on and attempts to address issues of national and international importance. A large part of Robson Hall’s faculty members have published an article in the MLJ in recent years, and about one half of all the articles produced each year by the faculty at the University of Manitoba is carried in the Asper Review or the MLJ.

At the October 18th ‘Mega’ book launch, MLJ Volumes 39 (1) and (2) were officially launched, which focus on The Great Transition in Legal Education. Volume 40 (3), launched at the same event, is a first-ever

special edition of Criminal Law, that was guest-edited by Robson Hall’s Criminal Law Research Cluster, known as ‘Robson Crim.’ Released at the same time was the annual Underneath the Golden Boy, which focuses on legislative developments and democratic and parliamentary reform.

In 2017 for the first time, the MLJ’s Volume 39(1), The Great Transition in Legal Education, is available for free download at Amazon.ca and Apple iBooks in e-book format.

To download all of the full journals or individual articles, please visit the Manitoba Law Journal Online website:

http://mlj.robsonhall.com/mlj/

Publications

MANITOBA LAW JOURNAL

ASPER REVIEW OF INTERNATIONAL BUSINESS AND TRADE LAW


Asper Chair Courses

Since it was founded in 1999, the Asper Chair program has led to the creation of many new courses at Robson Hall. Initially these included new courses in International Law and International Business Law, followed by the additions of Scholarly Publications (Asper Review) and International Trade Law. The Asper Chair program is constantly striving to integrate teaching and scholarship. After creating the Internet and E-Commerce course, for example, Dr. Schwartz was commissioned by the Chief Electoral Officer of Canada on the 2013 report on a Legal Framework for Electronic Voting. He brought a talented third year student, Dan Grice, on board as co-author, and the publication is now part of the readings in Dr. Schwartz’ Legislative Process course as well as the Internet and E-commerce course. Several dozen students have now served as editors of the Asper Review, with many also achieving credit as author or co-author of refereed articles in that publication.

The Israel and International Law Program (Mishpatim) from the outset has a partnership between the Asper Chair and Hebrew University of Jerusalem. Students attending can transfer four credit hours to their Robson Hall program. Student response to the program has been overwhelmingly positive. Below are excerpts from comments by students who took part in the 2017 program:

“I am grateful to have had the opportunity to learn from so many people, and engage critically and objectively with the issues Israel faces. The content of the course has influenced my opinions on numerous issues, because it provided an unprecedented opportunity to grasp the nuance and complexity of the issues Israel grapples with.... Overall, the course itself was both enjoyable and educational, and I would highly recommend it both to those who have traveled to Israel in the past, and for those who have never been.” - Sarah Levy, Robson Hall law student

“My experiences in this course were enriched by being physically present in Israel. I have an interest in immigration and refugee law, and through the course I was able to learn more about these issues as they appear in the Israeli context. Also, three of my dorm-mates were Israeli, one of whom happened to be a law student at Hebrew University. They invited me and another classmate to Shabbat dinner our first week in Israel. We also had conversations that helped me learn about the experience of Israel from people who were my own age. My time spent in Israel as part of the Mishpatim course has been wonderful and unforgettable, so thank you again for your support, without which this program would not be possible.” - Segen Andemariam, Robson Hall law student.

“[This program] has significantly increased my understanding of the issues and challenges that Israel has to deal with.... In addition to gaining a more thorough and unbiased understanding of Israel, it also helped me appreciate a number of things about life in Canada (especially with Canada’s legal and political system) while also revealed certain things

that Canada could improve upon, when compared to Israel. I sincerely hope that those who support this program will continue to do so, and continue to make it available to more and more students in the future, so they can share in this very beneficial and memorable experience.” - Erik Gusdal, Robson Hall law student

“Studying in Israel has broadened my horizons in ways I never expected. To be honest, prior to this program, I knew next to nothing about Israel, its history, culture, or the Israeli-Palestinian conflict. Now that I have nearly completed the program I realize how much more I have to learn. Even more valuable than the time spent in lectures was the chance to mingle with Israelis and visit prominent sites in Jerusalem and Israel. I will never forget my time at the Hebrew University.” - Bethany Hutlet, Robson Hall law student

“The course has surpassed my expectations as both a course and an experience. I enjoyed learning about the complex history of Israel, and field trips to the Supreme Court and the Knesset were valuable additions to my learning. I also appreciated that the course included fields trips to places like the dead sea. Those trips ended up being educational in that we saw sides of Israel that we may not have normally seen. In particular I want to highlight how great an experience I had in Tel Aviv, visiting the south side and learning about refugees from Africa who lived in that area. I didn’t realize how difficult it was to have a refugee claim processed here, and it was an eye opening experience learning about some of the social issues that exist in such a metropolitan city.” - Erin Wolfe, Robson Hall law student


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Recent Publications by Dr. Bryan SchwartzAcademic Articles • “The Constitutionality of the

Federal Carbon Pricing Benchmark & Backstop Proposals” (2018) Asper Rev. Int’l Bus & Trade L. (forthcoming), available online: news.gov.mb.ca/news/index.html?item=42320

• “Issue Overview and Introduction: the Future of Legal Education in Manitoba” (2017) 40:1 Man L.J.

• “Preface to the Document Supplement of the Special Issue on Legal Education” (2016) 39:2 Man L.J.

• “Introductory Essay” (2016) 39:1 Man L.J.

• “Interview with Dale Gibson” (2016) 39:1 Man L.J. 25.

• “Interview with Art Braid” (2016) 39:1 Man L.J. 77.

• “Interview with Gerald Nemiroff” (2016) 39:1 Man L.J. 135.

• “Interview with David Deutscher” (2016) 39:1 Man L.J. 217.

• “Interview with Alvin Esau” (2016) 39:1 Man L.J. 257.

• “Interview with John Eaton” (2016) 39:1 Man L.J. 353.

• “A Prevention Strategy: Eliminating FASD in Indigenous Communities” with Justine Smith and Terrence Laukkanen (2016) Underneath the Golden Boy 40(2) Man L.J.

Expert OpinionOpinion on the Constitutionality of Carbon Pricing Laws in Canada 2017Cited by Minister of Justice, Province of Manitoba (news.gov.mb.ca/news/index.html?item=42320)

International Trade Panel DecisionsDr. Schwartz has served on the NAFTA Investor-State dispute settlement panel (the S.D Myers case) and as Chair of Dispute Resolution Panel under the Canadian Agreement on Internal Trade (Albert-Ontario Oilseeds Dispute). He continues to serve on the international arbitral panel in Bilcon of Delaware et al v. Canada , chaired by Bruno Simma, former judge of the International Court of Justice and Donald McRae, former Dean of the University of Ottawa Law School and recent appointee as a Companion of the Order of Canada. The latest procedural orders of the panel can be found at the website of the Permanent Court of Arbitration.

Law Journals, Editor or Co-editor• Asper Review, Volume XVII, (2017),

Co-editor with Evaritus Oshionebo.

• Asper Review, Volume XVI, (2016), Co-editor with Evaritus Oshionebo.

• The Great Transition in Legal Education, Co-editor with Darcy MacPherson Manitoba Law Journal 39(1), 39(2) Special Issue on Legal Education

• Manitoba Law Journal, Volume 40 (1) Co-editor with Darcy MacPherson

• Underneath the Golden Boy, Volume 40(2), Co-editor with Darcy MacPherson

Lectures“Going, Gone, and Strangely Persistant: A comparison of three supply mamagement systems in Canada.” (2017) IntLaw Conference

Web Publications• ”Specific Claims Website” is a unique

national archive of thousands of documents, stretching over many decades, of policy papers, legislation and case reports relating to claims by First nations arising out of Canada’s management, as a fiduciary, of their lands and other assets. It is available as a free educational resource for academics and practitioners. It was updated in 2017 to incorporate new developments, including the work of the Specific Claims Tribunal. Dr. Schwartz for many years worked as a counsel to the Assembly of First Nations on the creation, in partnership with Canada, of Canada’s first specialized tribunal to provide final and binding adjudication of claims, and participated in 2015 on a national Experts Panel, created by the Assembly of First Nations, to consider the progress of the legislation. Visit the site at: www.specific-claims-law.ca


Asper INTLaw ConferenceWhile the 2018 INTLAW Schedule is in development, we are pleased to share feedback from the 2017 conference.


Feedback from the 3rd Annual Asper INTLaw ConferenceLetter from Mario Bouchard, former Chair of the Copyright Board of Canada

Cher Bryan,

A word to thank you for inviting me to speak at the 3rd Annual Asper INTLaw Conference. I really enjoyed the group and appreciated the interaction with other participants. The format was dynamic and constructive. All presentations were of a high caliber; I was educated and entertained by the contributions of your colleagues Evaristus Oshionebo and Darcy MacPherson and was impressed by Temi Onifade and Reem Radhi. A great opportunity.

The activity was fast paced and intense. I look forward to providing my written contribution for publication and to reading at a somewhat less breakneck speed the contribution of all others.

Please convey my thanks to the sponsors for helping to make possible what is clearly a winning formula and a winning program.

Stay assured that I will gladly accept an invitation to participate again in 2018 or the following years. I have retired from the public service but not from intellectual life. A forum such as this allows me to prevent ze little grey cells (Poirot oblige) from congealing and to keep an appreciation of the high quality of legal research that is ongoing in the real world.

Amitiés,

Mario Bouchard

Brianna Bogucki graduated from Robson Hall in 2017. She was a co-editor of the Asper Review of International Business and Trade Law from 2016-2017, and a coordinator for the 2017 Asper INTLaw Conference. Her position as a co-editor allowed Brianna the opportunity to read interesting submissions on current legal topics, work with leading academics in the field, and to

experience planning a successful international conference. Brianna’s favourite part of working at the journal was working with Dr. Schwartz and Professor MacPherson, her fellow student editors, and the administrative staff on bringing the Asper projects to fruition. Working on the journal was a truly unique experience, and one of the highlights of Brianna’s time at Robson Hall.

Monica Adeler is currently in her third year of studies at Robson Hall. Prior to entering law school, she worked as a lecturer teaching busi-ness courses at the School of Business and Ad-ministration, University of Winnipeg. This past summer Monica worked as a research assistant for Dr. Bryan Schwartz exploring cybersecurity

issues for lawyers and will continue working on the project dur-ing the school year. “I enjoy using academic research to help find practical solutions for legal professionals facing cyber threats.” In her spare time, she serves as a Board member of the Manitoba Law Foundation.

ASPER CHAIR NEWSLETTER - UNIVERSITY OF MANITOBA, FACULTY OF LAW bryanschwartz.bryan-schwartz.com 7

Students Working with the Asper ChairOluwaseyi O. Adebayo is in the graduate program at Robson Hall, and is privileged to have the Asper Chair as his Advisor. Prior to commencing graduate studies at Robson Hall, Oluwaseyi attended Obafemi Awolowo University, Ile-Ife, Osun State, Nigeria and the Nigerian Law School where he obtained a Bachelor of Laws (LL. B Hons) and a Barrister

at Law (B.L.) respectively and commenced his legal practice in Nigeria in 2013. Oluwaseyi has immensely benefitted from the Asper Review of International Business and Trade Law under the supervision of Prof. Bryan Schwartz as a Research Assistant having been given the opportunity of working on various articles submitted for publication by cite-checking and verifying the authenticity of the references in the submitted articles. “Working at the Asper Review of International Business and Trade Law at Robson Hall under the supervision of the distinguished Asper Chair from inception to date has been a blessing to me in terms of knowledge, exposure and monetary benefits. More so, the platform has in no small measure given me the privilege to work with other great minds and this has continued to widen my intellectual horizon and satisfy my academic curiosity. I’m indeed honored to be given this unique opportunity and hold same in high esteem.”


Kaitlan Buchko is a third year law student at Robson Hall. Prior to entering law school, Kaitlan completed a Bachelor of Commerce (Honours) with a double major in Marketing and International Business at the Asper School of Business, University of Manitoba. She has worked as a research assistant since summer of first year law, and has found her experience at the Publications Office

to be extremely valuable. “This experience has given me the opportunity to learn about members of my community and areas of the law that I would not otherwise have had the opportunity to be exposed to.”

Sean Corrigan is in his second year at Robson Hall. Before entering law school, he earned a B.A. with Distinction in Political Science at the University of Calgary, focusing on Latin American Politics. Previously, he independently owned and operated his own small painting business for three years throughout his undergraduate degree and before law school. He spent the summer

as co-editor of the Asper Review of International Business and Trade Law and found the experience extremely rewarding. He particularly enjoyed learning about new, strange topics and improving his skills in legal citation. Sean loves to travel, and has spent time living in both Mexico and Chile. He has a golf obsession and for some unknown reason persistently attempts to speak Spanish.

Ellie Einarson is in her second year of law at Robson Hall. Prior to law school, she completed a Bachelor of Arts in philosophy at the University of Winnipeg. This past summer Ellie worked for Professor Bryan Schwartz as a research assistant, exploring legal issues related to the Sharing Economy and Uber. She will continue in this role throughout the school year to prepare for the 2018

International Business and Trade Law Conference.

Nicole Deniset is currently in her third year at the Faculty of Law. During the Spring and Summer of 2017, Nicole worked as a student editor for both the Manitoba Law Journal and Underneath the Golden Boy under the supervision of Dr. Bryan Schwartz and Professor Darcy MacPherson. The work included communicating with

peer reviewers, proof reading and editing articles, comparing the content of an article with original sources to verify accuracy, thinking critically, and developing important research skills. Nicole found her experience to be both enjoyable and valuable.

ASPER CHAIR NEWSLETTER - UNIVERSITY OF MANITOBA, FACULTY OF LAW www.asper-chair.com 8

Amy Gelhorn is in her third year of studies at the Faculty of Law. Throughout the summer and continuing during the year, Amy is working with Dr. Bryan Schwartz on making a consolidation of University and faculty by-laws, decisions and policies. This will be for use during Faculty Council meetings, as well as available to students and the public. Amy is also working on various other web based projects for the Manitoba Law Journal and the Asper Review. Amy has

gained valuable research and organizational skills. She has also had the opportunity to work with faculty members and members of the University and legal community. This has been a great learning experience for Amy and she would recommend it to any law student as a useful job in preparing for their legal career.

Elsa Falkenberg completed her last year of studies at Robson Hall in June 2017. She is now completing her articles with Visionary Law Corporation. Before law school, Elsa completed a Bachelor of Commerce at the Asper School of Business, with a major in Supply Chain Management. She was happy to spend two summers working as a co-editor for the Asper Review of International Business and Trade Law. In addition to managing her responsibilities as

an editor, Elsa was involved in the coordination of the 2nd and 3rd Annual Asper INTLaw Conference. Her experience working with the journal was a valuable opportunity to enhance her writing and editing skills, as well as to gain exposure to current legal issues in international business and trade law.

Ezequiel Lubocki worked as a research assistant to Dr. Bryan Schwartz during the summer of 2017 after his first year of studies at the Faculty of Law. His researched focused on identifying underlying causes of secession movements and how regional organizations play a role in their success or lack thereof. This was done by analyzing different movements worldwide at different levels of analysis. Working for Dr. Schwartz improved his research and writing

skills. “I enjoyed working for Dr. Schwartz this summer. Through this position I was able to conduct research on international affairs, which is an area I am very passionate about. I would certainly recommend this position to students at Robson Hall!”

Kasia Keiloch is in her second year of law school at Robson Hall. Prior to entering law school, she completed a Bachelor of Arts degree in political studies and criminology. Kasia is currently the Treasurer of the Robson Hall Employment and Labour Law Club. This summer she worked as an editor for the Manitoba Law Journal and assisted with the Underneath the Golden Boy and Criminal Law Special Edition publications.

Kelechi Okorafor is a graduate student at Robson Hall. He obtained his undergraduate degree in law at the University of Ibadan, Nigeria. He is currently Vice President of the University of Manitoba Graduate Law Students Association and a member of the Events Committee of the Graduate Students Union Council. “I relish the opportunity to learn and work with Professor Bryan Schwartz.

It would significantly enhance my legal research and writing skills”. When he isn’t immersed in academic work, Kelechi loves to watch soccer and his love for Arsenal Football Club is unrivalled.

Stefanie Reece is a second year student at Robson Hall. Before law school, she studied at the University of Winnipeg in both the Business and English Department. She worked on the Special Criminal Edition of the Manitoba Law Journal this past summer and enjoyed expanding her legal research and editing abilities. During the school year she participates as an executive member of the Robson Hall Mediators and the Robson Hall

Human Rights Collective. Stefanie is looking forward to continuing her work on the second Criminal Edition of the Manitoba Law Journal during the school year.

Samantha Wong worked for Professor Schwartz for two summers as the senior editor of the Manitoba Law Journal. During this time, she edited four issues of the MLJ, formatted several issues of the UTGB and the Asper Review, and helped the Asper editors, Brianna and Elsa, run the 3rd Annual IntLaw Conference. Before coming to Robson, Sam completed a Bachelor of Science from Queen’s University, a Bachelor of Commerce

(Honours) and a Master of Business Administration from University of Manitoba. During her time at Robson, she served as the MLSA Communications Director, VP Communications for the Business Law Group, and VP External of the Debate Club, and was a part of over nine Robson Hall groups and inter-murals. She is currently articling at the newly-minted firm of Cochrane Saxberg, practicing primarily in employment law and child protection. When she is not articling, she is exploring new food recipes, enjoying acro-yoga and contortion classes, and reading all the books that she put off during law school.

ARE YOU INTERESTED IN WORKING WITH THE ASPER CHAIR? The Asper Chair is always looking for dedicated students to assist in the preparation of the Asper Review of International Business and Trade Law. If you are interested in becoming a member of our team, contact us at: [email protected]

© 2017 Robson Hall, Faculty of Law. All articles in this newsletter compiled by Dr. Bryan Schwartz. For more information on the Asper Chair, contact Maria Tepper, Faculty of Law, 448 Robson Hall, University of Manitoba, Winnipeg MB R3T 2N2 Canada ) 204 474-6130 7 204 480-1048 8 [email protected] bryanschwartz.bryan-schwartz.com

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