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

1. Auflage 2019
ISBN: 978-3-319-98360-8
Verlag: Springer International Publishing

Buch, Englisch, Band 15, 361 Seiten, Format (B × H): 160 mm x 241 mm, Gewicht: 729 g

Reihe: Studies in European Economic Law and Regulation

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.

Zielgruppe

Research

Autoren/Hrsg.

Schacherer, Stefanie

Mbengue, Makane Moïse

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Wirtschaftswissenschaften Volkswirtschaftslehre Internationale Wirtschaft Internationaler Handel
• Wirtschaftswissenschaften Volkswirtschaftslehre Internationale Wirtschaft Handelsabkommen, Wirtschaftsorganisationen

Inhaltsverzeichnis

1. CETA and the Debate on the Reform of the Investment Regime.- 2. The Notion of Investment.- 3. National Treatment.- 4. Most Favoured Nation Treatment.- 5. Fair and Equitable Treatment.- 6. Expropriation.- 7. The Right to Regulate.- 8. Resolution of Investment Disputes.- 9. The CETA Investment Chapter and Sustainable Development: Interpretive Issues.- 10. An African view on the CETA Investment Chapter.- 11. An Asian view on the CETA Investment Chapter.- 12. A Latin American view on the CETA Investment Chapter.- 13. CETA and Investment: What is it About and What lies Beyond?

Über Autor(innen)

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.