An Asian view on the CETA Investment Chapter

Publication Type

Book Chapter

Publication Date

1-2019

Abstract

The Canada-EU Free Trade Agreement (CETA) has been completed and awaits ratification against a backdrop of global economic uncertainty. The Trans-Pacific Partnership Agreement (TPP), which includes five Asian parties among its signatories, has lost the support of the United States and its fate is uncertain as well. The CETA is significant for Asian countries given that one of its parties -- the EU -- has signalled strongly that it wishes to negotiate a number of free trade agreements in the Asian region. The agreement offers valuable insight into the thinking of the EU in terms of investment protection guarantees, its proposed investment dispute settlement which offers an alternative to existing international arbitration options, and provisions permitting flexibility and regulatory control. However, Asia is by no means a homogeneous region, as its countries have diverse economic interests, resources and negotiating priorities. There is also a number of ongoing investment treaty 'reform' activities in parts of Asian. While the EU may draw on the CETA to work with Asian partners in FTA negotiations, it will also have to examine the existing economic systems, treaties and priorities in Asia, to navigate such negotiations well.

Keywords

Free trade agreement, comprehensive economic and trade agreement, Asia, ASEAN, investment, investor-state disputes, interpretation, arbitration, mediation, investment court, Belt and Road

Discipline

Asian Studies | Dispute Resolution and Arbitration | International Trade Law

Research Areas

Dispute Resolution

Publication

Foreign investment under the Comprehensive Economic and Trade Agreement (CETA)

Volume

15

Editor

Makane M. Mbengue and Stefanie Schacherer

First Page

271

Last Page

302

ISBN

9783319983615

Identifier

10.1007/978-3-319-98361-5_11

Publisher

Springer

City or Country

Cham

Additional URL

https://doi.org/10.1007/978-3-319-98361-5_11

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