Description
Book SynopsisThis 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.
Table of ContentsAn 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
