State-to-State Dispute Settlement Provisions in the EU-Canada Comprehensive Economic and Trade Agreement

State-to-State Dispute Settlement Provisions in the EU-Canada Comprehensive Economic and Trade Agreement
Title State-to-State Dispute Settlement Provisions in the EU-Canada Comprehensive Economic and Trade Agreement PDF eBook
Author Piergiuseppe Pusceddu
Publisher
Pages 29
Release 2019
Genre
ISBN

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On 26 September 2014 the European Union and Canada announced the conclusion of the negotiations of a new agreement that would open the doors for new business opportunities and enhanced economic co-operation, creating a trade bridge between two economic powers. The EU-Canada Comprehensive Economic and Trade Agreement (CETA) is a secondgeneration agreement, since it is not merely focused on the abolition of tariffs but more properly on the abolition of nontariff barriers. The agreement also contains innovative stateto-state dispute settlement provisions. The purpose of this article is to analyze these provisions but also to underline the extent to which they represent an innovation in comparison with the WTO Dispute Settlement Understanding (DSU). In order to do so, the article offers an overview of the major salient issues on dispute settlement in preferential trade agreements as well as on the EU-Canada CETA state-to-state dispute settlement provisions and compares the latter to the WTO DSU. The analysis sheds light on the rather more simple nature of the EU-Canada CETA dispute settlement chapter compared to that of the WTO DSU because of the absence of an appellate review stage, which will probably be balanced by a more incisive role for the CETA Joint Committee. The analysis of the contours of the dispute settlement chapter of the CETA concludes with the identification of the major similarities with the WTO DSU but also by identifying the major improvements in the EUCanada CETA, if compared with the WTO DSU. Ultimately, this article shows how CETA has reinforced the economic partnership between the European Union and Canada without disregarding civil society participation and transparency in the dispute settlement phase.

EU-Canada Comprehensive Economic and Trade Agreement

EU-Canada Comprehensive Economic and Trade Agreement
Title EU-Canada Comprehensive Economic and Trade Agreement PDF eBook
Author Wilhelm Schöllmann
Publisher
Pages 6
Release 2016
Genre
ISBN

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EU-Canada negotiations for a Comprehensive Economic and Trade Agreement (CETA) were declared concluded in September 2014. Except for a few sensitive agricultural products, CETA would remove practically all tariffs on goods exchanged between the two partners, and create important new market opportunities in, among others, financial services, telecommunications, energy and maritime transport, while reserving the parties' right to regulate their internal public affairs. Canada would substantially open up its public procurement, at both federal and sub-federal level, thereby eliminating a major asymmetry in access to each other's public procurement markets. The consolidated CETA text is currently undergoing legal-linguistic review. Once this 'legal scrubbing' and the translation into all official EU languages are completed, the Commission can submit it to the Council and the European Parliament for approval. It is still to be decided whether the agreement in its entirety falls under exclusive competence of the European Union or would also touch upon Member States' competences. In the latter case, ratification by the Member States would also be necessary for the agreement to come into force. CETA brings forward a number of innovations to reform and reshape investment protection provisions in general and the investor-state-dispute settlement (ISDS) mechanism in particular. Nevertheless, persistent opposition to investment protection, and ISDS in particular, has given rise to proposals to incorporate (elements of) the new investment court system (ICS) into CETA. The Commission is reportedly not pressing for including its entire ICS proposal into CETA; however, it intends to 'fine-tune' the agreement within the process of legal scrubbing. Working towards including (elements of) the ICS system into CETA could then be envisaged via the use of review clauses.

Negotiations on the EU-Canada Comprehensive Economic and Trade Agreement (CETA) Concluded

Negotiations on the EU-Canada Comprehensive Economic and Trade Agreement (CETA) Concluded
Title Negotiations on the EU-Canada Comprehensive Economic and Trade Agreement (CETA) Concluded PDF eBook
Author
Publisher
Pages 14
Release 2014
Genre
ISBN

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The Comprehensive Economic Trade Agreement (CETA) between the EU and Canada, on which negotiations were concluded at the EU-Canada Summit in Ottawa on 26 September 2014, will be a 'first' in many areas. The agreement will be the EU's first with another highly industrialised country to facilitate market access for goods, services and investment by abolishing almost all tariffs and reducing a wide array of non-tariff barriers. CETA is also the first agreement to have been negotiated with a sound chapter on investment protection, (including Investor-State Dispute Settlement (ISDS) provisions) {OCLCbr#D0}– an area that is, since the entry into force of the Lisbon Treaty, an EU competence. The EU and Canada have agreed to improve regulatory cooperation without compromising existing safety standards, and CETA includes protection for more than 145 food products with geographical indications (GIs). The agreement preserves the governments' right to regulate in the public interest. The European Parliament will be asked to give its consent to this agreement and to the parallel Strategic Partnership Agreement (SPA) {OCLCbr#D0}– a process that is likely to take two years. This will give the Parliament sufficient time to weigh potential public concerns {OCLCbr#D0}– which today are focussed principally on trade and investment negotiations with the US, but may spill over onto this agreement with Canada.

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

Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA)
Title Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) PDF eBook
Author Makane Moïse Mbengue
Publisher Springer
Pages 370
Release 2018-12-07
Genre Law
ISBN 331998361X

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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 students in 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.

Mega-Regional Trade Agreements

Mega-Regional Trade Agreements
Title Mega-Regional Trade Agreements PDF eBook
Author Thilo Rensmann
Publisher Springer
Pages 377
Release 2017-07-20
Genre Law
ISBN 3319566636

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This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

Mega-Regional Trade Agreements: CETA, TTIP, and TiSA

Mega-Regional Trade Agreements: CETA, TTIP, and TiSA
Title Mega-Regional Trade Agreements: CETA, TTIP, and TiSA PDF eBook
Author Stefan Griller
Publisher Oxford University Press
Pages 369
Release 2017-08-15
Genre Law
ISBN 0192536583

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The Comprehensive Economic and Trade Agreement between the EU and Canada (CETA), proposed Transatlantic Trade and Investment Partnership between the EU and the US (TTIP), and the plurilateral Trade in Services Agreement (TiSA) between the EU and 22 other States have sparked a great deal of academic and public interest. This edited collection brings together leading experts in the field of international economic law to address the legal complexities of these treaties and provide an explanation of their core principles. In the first two chapters, this book examines changing conceptions of international economic law and the main motivations for negotiating mega-regional agreements. In nine further contributions, international experts examine sectoral issues such as the trade, investment, and dispute settlement procedures envisaged in these 'mega-regional' agreements. The book goes on to consider the progress made in intellectual property protection, the problems associated with data protection, human rights, labour, and environmental standards, issues of transparency and legitimacy, and the relationship between CETA, TTIP, and TiSA on the one hand and EU law on the other. It concludes with four chapters that discuss globalization and other fundamental questions surrounding these mega-regional agreements from economic, political science, and legal perspectives.

Dispute Settlement and the Canada-United States Free Trade Agreement

Dispute Settlement and the Canada-United States Free Trade Agreement
Title Dispute Settlement and the Canada-United States Free Trade Agreement PDF eBook
Author Michael Hart
Publisher
Pages 72
Release 1988
Genre Canada
ISBN

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