Investment Disputes under CETA: From Gold Standards to Best Practices?

Abstract:
This article examines the dispute settlement mechanism established under the Comprehensive Economic and Trade Agreement (CETA) between the European Union and Canada. The mechanism in question is compared to other existing arbitral tribunals, such as those established under national BITs of EU Member States, and those adopted by the United States and Canada in their respective model BIT. NAFTA is also used as a term of comparison. The paper argues that in light of the innovations introduced by CETA, the latter creates a very advanced and carefully drafted system.

European Business Law Review: Vol.28 N.o 2, 2017: Towards a Future Investment Treaty: Lessons from Indirect Expropriation Cases due to Measures to Protect the Environmental and Public Health http://www.kluwerlawonline.com/abstract.php?area=Journals&id=EULR2017016

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