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

Amalie Giødesen Thystrup; Günes Ünüvar

doi:10.1007/978-3-319-44645-5_3

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

Amalie Giødesen Thystrup, Günes Ünüvar

Abstract

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.

Original language	English
Title of host publication	International Economic Law : Contemporary Issues
Editors	Giovanna Adinolfi, Freya Baetens, José Caiado, Angela Lupone, Anna G. Micara
Number of pages	19
Place of Publication	Cham
Publisher	Springer
Publication date	1 Jan 2016
Pages	41-59
Chapter	3
ISBN (Print)	978-3-319-44645-5
ISBN (Electronic)	978-3-319-44645-5
DOIs	https://doi.org/10.1007/978-3-319-44645-5_3
Publication status	Published - 1 Jan 2016
Event	4th Conference of the Postgraduate and Early Professionals/Academics Networkof the Society of International Economic Law (PEPA/SIEL) 2015 - Department of International, Legal, Historical and Political Studies, University of Milan, Milan, Italy Duration: 16 Apr 2015 → 17 Apr 2015

Conference

Conference	4th Conference of the Postgraduate and Early Professionals/Academics Networkof the Society of International Economic Law (PEPA/SIEL) 2015
Location	Department of International, Legal, Historical and Political Studies, University of Milan
Country/Territory	Italy
City	Milan
Period	16/04/2015 → 17/04/2015

Access to Document

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

4th Conference of the Postgraduate and Early Professionals/Academics Networkof the Society of International Economic Law (PEPA/SIEL) 2015
Thystrup, A. G. (Speaker)
16 Apr 2015 → 17 Apr 2015
Activity: Participating in or organising an event types › Organisation of and participation in conference

Cite this

Thystrup, A. G., & Ünüvar, G. (2016). A Waiver for Europe? CETA's Trade in Services, and Investment Protection Provisions and Their Legal-Political Implications on Regulatory Competence. In G. Adinolfi, F. Baetens, J. Caiado, A. Lupone, & A. G. Micara (Eds.), International Economic Law: Contemporary Issues (pp. 41-59). Springer. https://doi.org/10.1007/978-3-319-44645-5_3

A Waiver for Europe? CETA's Trade in Services, and Investment Protection Provisions and Their Legal-Political Implications on Regulatory Competence. / Thystrup, Amalie Giødesen; Ünüvar, Günes.
International Economic Law: Contemporary Issues. ed. / Giovanna Adinolfi; Freya Baetens; José Caiado; Angela Lupone; Anna G. Micara. Cham: Springer, 2016. p. 41-59.

Research output: Chapter in Book/Report/Conference proceeding › Article in proceedings › Research › peer-review

Thystrup, AG & Ünüvar, G 2016, A Waiver for Europe? CETA's Trade in Services, and Investment Protection Provisions and Their Legal-Political Implications on Regulatory Competence. in G Adinolfi, F Baetens, J Caiado, A Lupone & AG Micara (eds), International Economic Law: Contemporary Issues. Springer, Cham, pp. 41-59, 4th Conference of the Postgraduate and Early Professionals/Academics Networkof the Society of International Economic Law (PEPA/SIEL) 2015, Milan, Italy, 16/04/2015. https://doi.org/10.1007/978-3-319-44645-5_3

Thystrup, Amalie Giødesen ; Ünüvar, Günes. / A Waiver for Europe? CETA's Trade in Services, and Investment Protection Provisions and Their Legal-Political Implications on Regulatory Competence. International Economic Law: Contemporary Issues. editor / Giovanna Adinolfi ; Freya Baetens ; José Caiado ; Angela Lupone ; Anna G. Micara. Cham : Springer, 2016. pp. 41-59

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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.

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CY - Cham

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

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

Cite this