Overview

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.

Full Product Details

Author:   Marc Bungenberg (University of Siegen, Germany) ,  August Reinisch (University of Vienna)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Nomos/Hart
Weight:   1.694kg
ISBN:  

9781509934676

ISBN 10:   1509934677
Pages:   608
Publication Date:   24 February 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

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

Reviews

Academics, government officials and arbitration practitioners who seek to understand the current state of the international investment law and arbitration system would be well-advised to consult CETA Investment Law: Article-by-Article Commentary. * The Journal of World Investment & Trade *

Author Information

Marc Bungenberg is Professor of public law, European law and public international law at Saarland University in Germany. August Reinisch is Professor of international and European law at University of Vienna.

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