Todd J. Weiler
Investment Treaty Law & Arbitration
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Todd Weiler Contact Information
Todd Weiler specializes in international economic law, and in particular on investment treaty arbitration under the NAFTA and investment protection treaties worldwide.
 
Bus: 613.686.3636
Fax: 1.888.686.0390
Alt1: 1.571.366.8363
Alt2: +44.2032.866.366

EDITED VOLUMES
  • Investment Treaty Arbitration and International Law, vol. I (New York: Juris, 2008).
  • Investment Treaty Arbitration and International Law, vol. II, with Ian Laird (New York: Juris, 2009).
  • Investment Treaty Arbitration and International Law, vol. III, with Ian Laird (New York: Juris, 2010).
  • International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law (London: Cameron May, 2005).
  • NAFTA Investment Law and Arbitration: Past Issues, Current Practice, Future Prospects (New York: Transnational, 2004).

BOOK CHAPTERS
  • "Standards of Treatment" in C. Schreuer et al, eds., The Oxford Handbook of International Investment Law (London: Oxford University Press, 2008).
  • "Expropriation" in P. Cane and J. Conaghan, The New Oxford Companion to Law (London: Oxford University Press, 2008).
  • "Good Faith and Regulatory Transparency" in T. Weiler, ed., International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law (London: Cameron May, 2005).
  • "Saving Oscar Chin" in T. Weiler, ed., International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law (London: Cameron May, 2005).
  • "The Significance of NAFTA Chapter 11 for the Development of International Economic Law" in T. Weiler, ed., NAFTA Investment Law and Arbitration: Past Issues, Current Practice, Future Prospects (New York: Transnational, 2004).
  • "Prohibitions on Discrimination in NAFTA Chapter 11" in T. Weiler, ed., NAFTA Investment Law and Arbitration: Past Issues, Current Practice, Future Prospects (New York: Transnational, 2004).
  • "Interpreting Substantive Obligations in Relation to Health and Safety Issues" in T. Weiler, ed., NAFTA Investment Law and Arbitration: Past Issues, Current Practice, Future Prospects (New York: Transnational, 2004).“The Potential for Overlap in NAFTA Chapter 11 Obligations” in: K.C. Kennedy, ed., The First Decade of NAFTA: The Future of Free Trade in North America (New York: Transnational, 2004).
  • "Causation and Damages in NAFTA Investor-State Arbitration" in T. Weiler, ed., NAFTA Investment Law and Arbitration: Past Issues, Current Practice, Future Prospects (New York: Transnational, 2004).“The Potential for Overlap in NAFTA Chapter 11 Obligations” in: K.C. Kennedy, ed., The First Decade of NAFTA: The Future of Free Trade in North America (New York: Transnational, 2004).
  • T. Walde & T. Weiler, “Investment Arbitration under the Energy Charter Treaty in the light of new NAFTA Precedents: Towards a Global Code of Conduct for Economic Regulation” in: Investment Treaties and Arbitration, G. Kaufmann-Kohler, ed. (Geneva: Swiss Arbitration Association, 2002).

EDITORIAL POSITIONS
  • OGEMID Forum, Maris Publishers, Deputy Editor, 2009 to Present.
  • Transnational Dispute Management Online, Maris Publishers, Special Editorial Committee Member, 2008 to Present.
  • Investmentclaims.com, Oxford University Press, Special Editorial Advisor and Board Member, 2007 to Present.
  • Global Arbitration Review, LBR Ltd, Editorial Board Member, 2005 to Present.
  • International Legal Materials, American Society of International Law, Corresponding Editor, 2003 to Present.
  • Transnational Dispute Management Online, Maris Publishers, Associate Editor, 2004 to 2007.
  • Asper Review of International Trade & Business Law, Editorial Board Member, 2002 to 2005.

ACADEMIC ARTICLES
  • “Methanex Corp. v. USA – Turning the Page on NAFTA Chapter Eleven?” 6 (2005) Journal of World Investment and Trade 903.
  • “Balancing Human Rights & Investor Protection: a New Approach for a Different Legal Order” 27 (2004) Boston College International and Comparative Law Review 429.
  • “Technology and International Trade: Will the Real Transformer Please Stand Up?” 2 (2003) Canadian Journal of Law and Technology 223.
  • “NAFTA Article 1105 and the Principles of International Economic Law” 41 (2003) Columbia Journal of Transnational Law 35.
  • “Foreign Investment in the United States: You Can’t Tell the Players without a Scorecard” 37 (2003) International Lawyer 279. “Dodging Bullets: A First Look at the Final Award in Loewen & the Loewen Group v. USA” 4 (2003) Journal of World Investment 659. “NAFTA Chapter 11 Jurisprudence: Coming Along Nicely” 9 (2003) Southwestern Journal of Law and Trade in the Americas 101.
  • “The Treatment of SPS Measures under NAFTA Chapter 11: Preliminary Answers to an Open-Ended Question” 26 (2003) Boston College International & Comparative Law Review 229.
  • “2002 In Review: From Expropriation to Non-Discrimination” Yearbook of International Environmental Law, Volume 12 (Oxford: Clarendon, 2003).
  • “NAFTA Investment Law in 2001: As the Legal Order Starts to Settle, the Bureaucrats Strike Back” 36 (2002) International Lawyer 345.
  • “Articulating New Standards of Regulatory Treatment in International Economic Law” 2 (2002) Business Law International 143.
  • “Metalclad and the Government of Mexico: A Play in Three Parts” 2 (2001) Journal of World Investment 685.
  • “A First Look at the Interim Merits Award in S.D. Myers Inc. and Canada: It Is Possible to Balance Legitimate Environmental Concerns with Investment Protection” 24 (2001) Hastings International and Comparative Law Review 173.
  • “2000 in Review: Investor-State Dispute Settlement Gains Steam” 35 (2001) International Lawyer 363.
  • “The Ethyl Arbitration: First of Its Kind and a Harbinger of Things to Come” 11 (2001) American Review of International Arbitration 187.
  • “1999: The Dawning of a New Era in Investor-State Dispute Settlement” 34 (2000) International Lawyer 405.
  • “Regulatory Reform Obligations in International Law” 34 (2000) Journal of World Trade 71.
  • “The Minimum Standard of Treatment in International Law: Some Old Cases, Some New” 3 (2000) Canadian International Lawyer 207. Identifying, Implementing and Enforcing International Regulatory Reform Obligations: the Canadian Experience, Occasional Paper (Ottawa: Centre for Trade Policy and Law, 1999).
  • “Application of the Federal Regulatory Policy to Regulatory Decision-Making: The Curious Case of the 1995 PCB Waste Export Interim Order” 4 (1999) Canadian Journal of Environmental Law and Practice 181.
  • M. Hart & T.J. Weiler, An Assessment of the Prospects for Trade Liberalization in APEC (Ottawa: Senate of Canada / Centre for Trade Policy and Law, 1997).
  • “Independence, Impartiality and the Ontario Social Assistance Review Board” 12 (1997) Journal of Law and Social Welfare 178.
  • “Professional Self-Regulation & Federal Competition Policy: The Calarco Case” 2 (1997) Windsor Review of Legal & Social Issues 119.
  • “Curial Deference & NAFTA Chapter 19: Is What Is Good for the Goose, Good for the Gander?” 1 (1995) Journal of International Legal Studies 83.
  • “The Consultation Requirement in Regulatory Reform: Looking at the Regulatory Efficiency Bill” 8 (1995) Canadian Journal of Administrative Law & Practice 101.
  • “Sure It Has Feathers, But Is It a Duck?” 42 (1994) Canadian Tax Journal 1168.

WEB SITES
 
www.naftaclaims.com
  • NAFTA arbitration correspondence, pleadings and decisions, founded in 1999
 
www.investmentclaims.com
  • All publicly available decisions issued by international investment treaty tribunals, co-founded in 2006
 
www.worldtradelaw.typepad.com
  • I am a contributing commentator to this popular public blog on hot topics currently challenging the world's leading international economic law scholars & practitioners.
 

EDUCATION
 
University of Michigan
Ann Arbor, Michigan
LLM, 2002
International Economic Law
SJD, In progress
International Economic Law

University of Ottawa
Ottawa, Ontario

LLM, 1998
Public International Law

University of Western Ontario
London, Ontario
LLB, 1996
Public Law Concentration
MA, 1993
Foreign Relations and Public Policy

University of Waterloo
Waterloo, Ontario

Hons BA, 1992
Co-op, Political Science Major, History Minor

Education

MEMBERSHIPS
     
  Law Society of Upper Canada
Called to the Bar of Ontario, February 1999

ICC Court of Arbitration
Member of the Roster of Canada, 2005 to Present
 
 
London Court of International Arbitration
Memberships
North American Users' Council Member, 2006 to Present

British Institute of International and Comparative Law
Sponsoring Member of the Investment Treaty Forum, 2005 to Present
 
 
Society of International Economic Law
Founding and current Executive Board Member, 2007 to Present

International Law Association
Member, 2003 to Present
Member, Special Working Group on Foreign Investment Law, 2004 to 2006
 
 
Canadian Bar Association
Member, 1997 to Present
National International Law Executive Member , 2006 to 2007
Ontario International Law Executive Member , 1998 to 2006
Ontario General Council Member, 1997 to 1998
Recipient of Overall Student Achievement Award, Granted by Ontario Section, 1996

Young Canadian Arbitration Practitioners
Founding Member and Member of the First Board of Directors, 2004 to 2007
 
Memberships
American Society of International Law
Member, 2000 to Present
Executive Committee Member, International Economic Law Section, 2003 to 2005

American Bar Association
International Law Section Member, 1999 to Present
Vice-Chair, Committee on International Trade Law, 2004 to 2006

 
 
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