National Treatment and MFN in the (Invisible) EU Model BIT
Journal of World Investment and Trade, Vol. 15, pp. 484-505, 2014
17 Pages Posted: 27 Feb 2014 Last revised: 18 Sep 2014
Date Written: February 24, 2014
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
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