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CETA Investment Law

2021-08-12 Law
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Release : 2021-08-12
Genre : Law
Kind : eBook
Book Rating : 676/5 ( reviews)

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Book Synopsis CETA Investment Law by : Marc Bungenberg

Download or read book CETA Investment Law written by Marc Bungenberg. This book was released on 2021-08-12. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

2018-12-07 Law
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Release : 2018-12-07
Genre : Law
Kind : eBook
Book Rating : 61X/5 ( reviews)

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Book Synopsis Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) by : Makane Moïse Mbengue

Download or read book Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) written by Makane Moïse Mbengue. This book was released on 2018-12-07. Available in PDF, EPUB and Kindle. Book excerpt: 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's Investment Chapter

2021-01-31 Law
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Release : 2021-01-31
Genre : Law
Kind : eBook
Book Rating : 920/5 ( reviews)

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Book Synopsis CETA's Investment Chapter by : Kriton Dionysiou

Download or read book CETA's Investment Chapter written by Kriton Dionysiou. This book was released on 2021-01-31. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to evaluate the investment arbitration mechanism in CETA's Investment Chapter. Based on this, the book evaluates CETA's Investment Chapter through the rule of law framework in order to provide a convincing account of the latter's ability to overcome the legitimacy crisis facing investment arbitration. It concludes that CETA's Investment Chapter is unlikely to completely solve the legitimacy crisis simply because it is just a patchwork of reforms rather than a comprehensive reinvention of the substantive and procedural law of investment arbitration. Lastly, the book offers meaningful insights into the way the challenges presented by investment arbitration should be addressed. The book is intended for academics researching international investment law and arbitration as well as for policy-makers focusing on reforming investor-state dispute settlement.

CETA Investment Law

2022
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Release : 2022
Genre :
Kind : eBook
Book Rating : 133/5 ( reviews)

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Book Synopsis CETA Investment Law by : Marc Bungenberg

Download or read book CETA Investment Law written by Marc Bungenberg. This book was released on 2022. Available in PDF, EPUB and Kindle. Book excerpt:

The European Union and International Investment Law

2023-03-23 Law
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Release : 2023-03-23
Genre : Law
Kind : eBook
Book Rating : 820/5 ( reviews)

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Book Synopsis The European Union and International Investment Law by : Francesco Montanaro

Download or read book The European Union and International Investment Law written by Francesco Montanaro. This book was released on 2023-03-23. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interaction between the EU and international investment law, both at the internal level, namely within the EU internal market, and at the external level, i.e. in the context of its relations with third States. The joint treatment of these dimensions reveals that the EU has assumed an ostensibly ambivalent attitude towards international investment law. At the internal level, it has consistently asserted that intra-EU international investment agreements (IIAs) are not compatible with EU law and advocated their termination. At the external level, by contrast, it has eagerly deployed IIAs to develop its post-Lisbon international investment policy. The book finds that beneath this apparent ambivalence towards international investment law ultimately lies the EU's attempt to impose, both internally and externally, its own original model of regulation of cross-border investment. It then argues that the EU adopted this approach with a view to supporting its internal market, enhancing its external influence, and, ultimately, pursuing long-term 'federal aspirations'. Finally, the book identifies the legal and political obstacles that have curtailed the EU's efforts at both the internal and the external level.

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