Canada’s Approaches to Investor State Dispute Settlement: Addressing Divergencies among CETA, USMCA, CPTPP and the Canada-China FIPA

Gantz, David A.

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Canada’s Approaches to Investor State Dispute Settlement: Addressing Divergencies among CETA, USMCA, CPTPP and the Canada-China FIPA

Transnational-Dispute-Management, Issue 3 (Mar. 2020)

Arizona Legal Studies Discussion Paper No. 20-13

16 Pages Posted: 8 Apr 2020

See all articles by David A. Gantz

David A. Gantz

Univ. Of Arizona College of Law; Mexico Center, Baker Institute

Date Written: April 3, 2020

Abstract

When explaining the CPTPP, the Government of Canada explained that "[i]nvestment is a key driving force for economic growth and competitiveness in Canada. It spurs innovation, creates jobs and connects Canada to global value chains. Canada has a clear interest in ensuring that Canadian individuals and companies are well protected when they invest abroad.” This article discusses the divergent treatment of investment in four key Canadian agreements, the TPP/CPTPP, CETA, USMCA and the CCFIPA, and explores the legal and policy reasons for such divergence.

Keywords: investment, key Canadian trade agreements, TPP/CPTTP, CETA, USMCA, CCFPA, international investment

Suggested Citation: Suggested Citation

Gantz, David A., Canada’s Approaches to Investor State Dispute Settlement: Addressing Divergencies among CETA, USMCA, CPTPP and the Canada-China FIPA (April 3, 2020). Transnational-Dispute-Management, Issue 3 (Mar. 2020), Arizona Legal Studies Discussion Paper No. 20-13, Available at SSRN: https://ssrn.com/abstract=3568230