Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA)

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About this book

This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection. It first provides background information on the Comprehensive Economic and Trade Agreement (CETA), particularly focusing on the chapter on foreign investment, including the rules on the entry of investments, their protection and the stringent dispute settlement mechanism.

It goes on to explore whether these provisions are a further step toward reforming the current international investment law regime. It also examines the highly innovative part of the agreement: the inclusion of crosscutting issues, such as sustainable development. In addition, it examines the CETA investment chapter from the perspective of non-contracting parties, including Africa, Asia and Latin America.

The book is of interest to academics and studentsin the field of international investment law. It is also an essential resource for government legal advisers, policymakers, business practitioners, and others dealing with international investment law.

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Keywords

Table of contents (13 chapters)

Front Matter

Pages i-xiv

CETA and the Debate on the Reform of the Investment Regime

The Notion of Investment

Pages 19-44

National Treatment

Pages 45-70

Most Favoured Nation Treatment

Pages 71-94

Fair and Equitable Treatment

Pages 95-126

Expropriation

Pages 127-157

The Right to Regulate

Pages 159-183

Resolution of Investment Disputes

Pages 185-206

The CETA Investment Chapter and Sustainable Development: Interpretative Issues

Pages 207-238

An African View on the CETA Investment Chapter

Pages 239-269

An Asian View on the CETA Investment Chapter

Pages 271-302

A Latin American View on the CETA Investment Chapter

Pages 303-337

CETA and Investment: What Is It About and What Lies Beyond?

Pages 339-361

Reviews

“Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) is certainly one the most authoritative and comprehensive studies. It provides a rich descriptive account of how key areas and at the same time it approaches them critically with an awareness of broader debate on the reform of the investment regime. As such, it is a valuable resource for all scholars and practitioners working on international investment law.” (Ondřej Svoboda, Manchester Journal of International Economic Law, Vol. 16 (2), September, 2019)

Editors and Affiliations

Faculty of Law, University of Geneva, Geneva, Switzerland

Science Po Paris, School of Law, Paris, France

About the editors

Makane Moïse Mbengue is a Professor of Public International Law at the Faculty of Law of the University of Geneva and an Affiliate Professor at Science Po Paris (School of Law). He also acts as a professor for courses in international law organized by the United Nations Office of Legal Affairs (OLA). He advises or has advised several international institutions, including the International Labour Organisation (ILO), the World Health Organisation (WHO), the United Nations Economic Commission for Africa (UNECA) and the African Union (AU). He acts as counsel in disputes before international courts and tribunals and is often involved in investment negotiations.

Stefanie Schacherer is a Ph.D. candidate at the University of Geneva and the University of Vienna. She is specialized in international and European investment law. Her research focuses on the new investment and trade agreements concluded by the European Union. Ms Schacherer holds a bachelor’s and master’s degreein law from the University of Geneva as well as a LL.M. in International Business Law from King’s College London. She is currently working as teaching and research assistant at the Faculty of Law of the University of Geneva.

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