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CETA Investment Law: Article-by-Article Commentary

CETA Investment Law: Article-by-Article Commentary

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509934676
  • Published In: November 2021
  • Format: Hardback , 608 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 2,875.00

HKD 2,788.75 Save HKD 86.25 (3%)

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  • Description 
  • Contents 
  • Details

    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.

  • 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

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