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

Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA)
Author: Makane Moïse Mbengue
Publisher: Springer
Total 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.


Ceta Investment Law

Ceta Investment Law
Author:
Publisher:
Total Pages: 608
Release: 2021
Genre: Electronic books
ISBN: 9781509934683

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"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."--


Mega-Regional Trade Agreements

Mega-Regional Trade Agreements
Author: Thilo Rensmann
Publisher: Springer
Total 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.


An analysis of the benefits and critique between the free trade agreements NAFTA and CETA in a historical comparison

An analysis of the benefits and critique between the free trade agreements NAFTA and CETA in a historical comparison
Author: Paul Petersen
Publisher: GRIN Verlag
Total Pages: 72
Release: 2018-06-27
Genre: Political Science
ISBN: 3668737290

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Master's Thesis from the year 2018 in the subject Business economics - Economic Policy, grade: 1,9, Cologne Business School Köln, language: English, abstract: The following paper refers to the potential of international free trade agreements to create interconnected economic markets, which require a common trade policy of the contracting countries. The difficulty in this approach is to ensure an economic integration of both countries on the basis of bilateral treaties, despite differing cultural, social and economic attitudes. As an effect of the continuing globalization and the increased international interconnectedness, there is generally a rising number of international free trade agreements among countries with the intention to achieve economic growth and welfare that on the other hand simultaneously led to an increased amount of criticism arising from non-governmental organizations, consumer protection organizations or environmental groups. This oppositeness has received a lot of attention during the recent negotiations and implementation of the Comprehensive Economic and Trade Agreement (CETA) between the European Union and Canada. Similar to the Transatlantic Trade and Investment Partnership (TTIP), which is a foreseen free trade agreement between the European Union and the United States that has been temporarily suspended due to huge protests, both agreements have in common that they bear more criticism that than any other free trade agreement ever before. This is why it is interesting to know to which degree there is a correlation of similarities and differences between a modern free trade agreement such as the CETA and an already established treaty like the North American Free Trade Agreement (NAFTA) between the United States, Mexico and Canada. According to the title, there will be “An analysis of the benefits and critique between the free trade agreements NAFTA and CETA in a historical comparison” with the purpose of figuring out whether a certain contracting country is benefiting from the NAFTA or the CETA or if it is experiencing any social, environmental, cultural, economic or other disadvantages. In the following segments these aspects will be examined, contrasted and evaluated with the support of studies and current data to provide meaningful findings and to give a final recommendation for action at the end of the paper.


Europe, Canada and the Comprehensive Economic Partnership Agreement

Europe, Canada and the Comprehensive Economic Partnership Agreement
Author: Kurt Hübner
Publisher: Taylor & Francis
Total Pages: 345
Release: 2011-04
Genre: Business & Economics
ISBN: 1136741313

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The Great Recession and the turn towards all forms of protectionism stress the relevance of international trade policy. With the global economy undergoing deep structural changes, the negotiations between Canada and the EU on a Comprehensive Economic and Trade Agreement (CETA) present a real-time experiment that sheds light on the direction that the relationships between two economic units of the G8 will take. For Canada, an agreement with the EU would end its current dependency on the US; for the EU, an agreement with Canada would be a first with a G8-economy and indicate how its new trade strategy ‘Global Europe’ will look like. This book is the first to simultaneously analyze the undercurrents of this project and introduce the main topics at hand. CETA is much more than a simple free trade agreement, its breadth covers regulatory aspects in goods, services, and finance; the opening of public procurement markets; attitudes and policies of Canadian provinces towards liberalization; climate policies and international leadership claims of the EU in comparison to Canadian policy attempts; the challenges of the Euro project and the reform efforts; and the challenges of the Euro as a international reserve currency. CETA is a challenging project that will kick-start enormous changes in trade policy-making as well as in market openness in Canada. It will mark the EU’s efforts to re-make the Atlantic Economy. This book provides deep insights into the ambiguity of the project and addresses the implications of a rapidly changing global economy for trade policy. Offering analysis of the financial industry, banking, trade policy, climate change strategy, and the Euro exchange rate, this book should be of interest to students and policy-makers alike.


Regulatory Autonomy in International Economic Law

Regulatory Autonomy in International Economic Law
Author: Andrew D. Mitchell
Publisher: Edward Elgar Publishing
Total Pages: 259
Release: 2017-11-24
Genre: Law
ISBN: 1785368176

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Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.


CETA Implementation and Implications

CETA Implementation and Implications
Author: Robert G. Finbow
Publisher: McGill-Queen's Press - MQUP
Total Pages: 321
Release: 2022-09-15
Genre: Business & Economics
ISBN: 0228012767

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The Canada–European Union Comprehensive Economic and Trade Agreement (CETA) is hailed as the gold standard for trade agreements. It addresses tariffs on traded goods, favoured status for EU and Canadian exporters, trade in services, and technical barriers to trade, while also seeking coordination between government agencies to promote regulatory cooperation, harmonization, and mutual recognition of standards. As the world retreats towards populism and protectionism, CETA Implementation and Implications provides a vital examination of this contemporary economic collaboration between developed states, which serves as a model for other progressive regional trade agreements. This book offers the first in-depth, comprehensive assessment of CETA, covering many of its most important elements and exploring its obstacles, accomplishments, and early effects. Based on the European Commission-funded Erasmus+ Jean Monnet Project on CETA Implementation and Implications, which linked scholars and stakeholders across Europe and North America to analyze and evaluate the implementation and impacts of the agreement, this book covers regulation, procurement, the environment, the innovative investment disputes system, labour mobility and labour relations, bilateral governance instruments, and the implications for EU trade policy of CETA’s contested ratification. Uniquely interdisciplinary and featuring contributors from around the world, CETA Implementation and Implications provides a nuanced and balanced assessment of this landmark trade agreement and its effects on regional and global trade in turbulent times.


Recent Developments in the Most Controversial Aspects of EU International Investment Agreements

Recent Developments in the Most Controversial Aspects of EU International Investment Agreements
Author: Ruggiero Cafari Panico
Publisher:
Total Pages: 17
Release: 2017
Genre:
ISBN:

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The most controversial issues regarding EU international investment agreements are, on the one hand, the actual extent of the EU's exclusive external competence over international investments and, on the other, the opportunity to include investor-state dispute settlement (ISDS) clauses in these agreements. The former issue is mainly a legal question, and it especially concerns the inclusion of portfolio investments in the EU's exclusive external competence. In this respect, this article seeks to provide some insights on the opinion that the European Commission has recently requested from the Court of Justice on the free trade agreement between the EU and Singapore on the basis of the latest developments in the case law of the Court of Justice of the European Union. By contrast, the second issue is mainly a political question and focuses on the inclusion of ISDS in the investment chapter of the Comprehensive Trade and Economic Agreement (CETA) between the EU and Canada. In this respect, while highlighting the main criticisms of the inclusion of ISDS in CETA, it is argued that the right response to European concerns about ISDS provisions in CETA and in TTIP should not be the removal of ISDS from those agreements. Instead, in order to reduce the asymmetric conditions related to the regulatory powers of the parties to CETA, it would be opportune to ask whether it may be appropriate to adopt, in the EU, a system of control on foreign investments like the one existing in Canada and in the United States. In particular, it is demonstrated how the solution can be found in Articles 64(2) and 207(2) TFEU that could be used to adopt a regulation establishing an EU committee on foreign investment in charge of the review of inflow investments coming from non-EU countries in order to protect the EU's general interests -- first, EU security and welfare -- just as the Committee on Foreign Investment in the United States and the Minister of Industry of Canada already do.