CETA on investment: the definitive surrender of EU law to GATS and NAFTA/BITS

Fernandez-Pons, Xavier; Polanco, Rodrigo Javier; Torrent, Ramon (2017). CETA on investment: the definitive surrender of EU law to GATS and NAFTA/BITS. Common market law review, 54(5), pp. 1319-1358. Kluwer Law International

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Provisions on investment in the Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU, both on substance and on dispute settlement procedures, are the culmination of a long process of replacement of the original EEC approach to establishment by the approaches followed by the GATS, the North American Free Trade Agreement (NAFTA) and Bilateral Investment Treaties (BITs). The article analyses this process; it focuses in particular on the law of external relations but takes into account the evolution of the law of the internal market and can also be read from this perspective as, in the authors’ opinion, the evolution in the former throws light on the latter. The article intends to leave the legal facts to speak by themselves. By unveiling their rationale, it also gives rise to political concerns regarding the evolution of the law. As CETA limits the ability of the EU to legislate and erodes the ECJ’s role, the article leads to the conclusion that the underlying rationale for the evolution, both in the internal and the external areas, has not been that of promoting integration but that of deregulation.

Item Type:

Journal Article (Original Article)

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

02 Faculty of Law > Department of Economic Law > NCCR International Trade Regulation

UniBE Contributor:

Polanco, Rodrigo Javier

Subjects:

300 Social sciences, sociology & anthropology > 340 Law
300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation

ISSN:

0165-0750

Publisher:

Kluwer Law International

Language:

English

Submitter:

Rebecca Anne Gilgen

Date Deposited:

02 Nov 2017 12:01

Last Modified:

31 Mar 2018 02:30

Related URLs:

BORIS DOI:

10.7892/boris.106441

URI:

https://boris.unibe.ch/id/eprint/106441

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