A Waiver for Europe? CETA's Trade in Services, and Investment Protection Provisions and Their Legal-Political Implications on Regulatory Competence

TY - GEN

T1 - A Waiver for Europe?

T2 - 4th Conference of the Postgraduate and Early Professionals/Academics Networkof the Society of International Economic Law (PEPA/SIEL) 2015

AU - Thystrup, Amalie Giødesen

AU - Ünüvar, Günes

N1 - A different version was presented at the SIEL PEPA 2015 Conference in Milan, Italy.

PY - 2016/1/1

Y1 - 2016/1/1

N2 - The Comprehensive Economic and Trade Agreement (CETA) is a bilateral agreement between Canada and the EU that aims at providing a broad set of incentives in order to promote trade and business, and bears important legal and political consequences for trade and foreign investment policies of the parties. This paper aims at exploring CETA's trade in services, and investment provisions on fair and equitable treatment and indirect expropriation. In the section on cross border services, the paper discusses the scheduling modality and the adjustments introduced, with a view to the parties’ regulatory competencies. In the section on investment provisions, it delves further into whether or not it bears the potential to live up to parties’ promises of further clarity, coherence, addressing public expectations relating to unhindered sovereign regulatory authority.

AB - The Comprehensive Economic and Trade Agreement (CETA) is a bilateral agreement between Canada and the EU that aims at providing a broad set of incentives in order to promote trade and business, and bears important legal and political consequences for trade and foreign investment policies of the parties. This paper aims at exploring CETA's trade in services, and investment provisions on fair and equitable treatment and indirect expropriation. In the section on cross border services, the paper discusses the scheduling modality and the adjustments introduced, with a view to the parties’ regulatory competencies. In the section on investment provisions, it delves further into whether or not it bears the potential to live up to parties’ promises of further clarity, coherence, addressing public expectations relating to unhindered sovereign regulatory authority.

U2 - 10.1007/978-3-319-44645-5_3

DO - 10.1007/978-3-319-44645-5_3

M3 - Article in proceedings

SN - 978-3-319-44645-5

SP - 41

EP - 59

BT - International Economic Law

A2 - Adinolfi, Giovanna

A2 - Baetens, Freya

A2 - Caiado, José

A2 - Lupone, Angela

A2 - Micara, Anna G.

PB - Springer

CY - Cham

Y2 - 16 April 2015 through 17 April 2015

ER -