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CETA Investment Law: Article-by-Article Commentary

ISBN13: 9781509934676
To be Published: December 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £250.00

This article-by-article Commentary on the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is a vital resource for practitioners and academics in the field of EU investment protection law.

CETA has been called a game-changer. In the investment chapter, it has introduced a number of key innovations, including:

  • the investment court system with an appellate tribunal,
  • guidelines on third party funding,
  • transparency and information sharing,
  • modern versions of standards of protection, and
  • detailed provisions on reservations and exceptions

Considering that the new dispute resolution provisions in this chapter have also passed the scrutiny of the Court of Justice of the European Union, it is expected that CETA's investment chapter will serve as a blueprint for future EU investment agreements and so a full understanding of this, offered by this useful Commentary, is essential for lawyers.

International Trade
An Overview of the CETA – Investment Chapter (Chapter 8)
Article 8.1 Definitions
Article 8.2 Scope
Article 8.3 Relation to other chapters
Article 8.4 Market Access
Article 8.5 Performance Requirements
Article 8.6 National treatment
Article 8.7 Most-favoured-nation treatment
Article 8.8 Senior management and boards of directors
Article 8.9 Investment and Regulatory Measures
Article 8.10 Treatment of Investors and of Covered Investments
Article 8.11 Compensation for losses
Article 8.12 Expropriation
Article 8.13 Transfers
Article 8.14 Subrogation
Article 8.15 Reservations and Exceptions
Article 8.16 Denial of benefits
Article 8.17 Formal Requirements
Article 8.18 CETA (Scope)
Article 8.19 Consultations
Article 8.20 Mediation
Article 8.21 Determination of the respondent for disputes with the European Union or its Member States
Article 8.22 Procedural and Other Requirements for the Submission of a Claim to the Tribunal
Article 8.23 Submission of a Claim to the Tribunal
Article 8.24 Proceedings under another international agreement
Article 8.25 Consent to the settlement of the dispute by the Tribunal
Article 8.26 Third party Funding
Article 8.27 Constitution of the Tribunal
Article 8.28 Appellate Tribunal
Article 8.29 Establishment of a multilateral investment tribunal and appellate mechanism
Article 8.30 Ethics
Article 8.31 Applicable law and interpretation Julian Scheu
Article 8.32 Claims manifestly without legal merit
Article 8.33 Claims unfounded as a matter of law
Article 8.34 Interim Measures
Article 8.35 Discontinuance
Article 8.36 Transparency of proceedings
Article 8.37 Information sharing
Article 8.38 Non-Disputing Party
Article 8.39 Final Award
Article 8.40 Indemnification or other compensation
Article 8.41 Enforcement of Awards
Article 8.42 Role of the Parties
Article 8.43 Consolidation
Article 8.44 Committee on Services and Investment
Article 8.45 Exclusion