Is CETA the Promised Breakthrough? Interpretation and Evolution of Fair and Equitable Treatment and (Indirect) Expropriation Provisions

iCourts Working Paper Series No. 97

34 Pages Posted: 15 Jun 2017 Last revised: 9 Aug 2017

See all articles by Güneş Ünüvar

Güneş Ünüvar

University of Copenhagen - Faculty of Law

Date Written: June 14, 2017

Abstract

This paper examines two of the most common, and arguably the most controversial, foreign investment protection principles included in CETA, namely fair and equitable treatment and (indirect) expropriation. The paper takes into account states’ treaty-making experiences, arbitral practice relating to the interpretation of these principles and the legal-political interplay between the two. Through this analysis, the paper attempts to demonstrate whether or not the CETA provisions, as one of the first ‘new-wave’ free trade agreement drafts, bear the potential of providing further clarity and advancement as to how these principles of foreign investment protection are defined, understood and applied in case law.

Keywords: international investment law, international arbitration, investor-state dispute settlement, free trade agreements, Canada, European Union, CETA

Suggested Citation

Ünüvar, Güneş, Is CETA the Promised Breakthrough? Interpretation and Evolution of Fair and Equitable Treatment and (Indirect) Expropriation Provisions (June 14, 2017). iCourts Working Paper Series No. 97. Available at SSRN: https://ssrn.com/abstract=2986049 or http://dx.doi.org/10.2139/ssrn.2986049

Güneş Ünüvar (Contact Author)

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

Register to save articles to
your library

Register

Paper statistics

Downloads
132
rank
210,943
Abstract Views
498
PlumX Metrics