National Treatment and MFN in the (Invisible) EU Model BIT

Journal of World Investment and Trade, Vol. 15, pp. 484-505, 2014

Oxford Legal Studies Research Paper No. 19/2014

17 Pages Posted: 27 Feb 2014 Last revised: 18 Sep 2014

Date Written: February 24, 2014

Abstract

This article discusses the potential provisions on national treatment and MFN to be included in a future EU Model BIT against the background of the leaked draft text of the Canada-EU Comprehensive Economic and Trade Agreement (CETA) investment chapter. It concludes that the EU treaty practice seems to be closer to investment protection models influenced by NAFTA, such as those prevalent in the Canada and US Model BITs, and that a future EU Model BIT along these lines will depart significantly from the investment treaty practice of EU Member States.

Keywords: national treatment, MFN, non-discrimination, investment protection, European Union, Canada, BIT, Model BIT

Suggested Citation

Tzanakopoulos, Antonios, National Treatment and MFN in the (Invisible) EU Model BIT (February 24, 2014). Journal of World Investment and Trade, Vol. 15, pp. 484-505, 2014; Oxford Legal Studies Research Paper No. 19/2014. Available at SSRN: https://ssrn.com/abstract=2400824

Antonios Tzanakopoulos (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/antonios-tzanakopoulos

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