Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA)

1. Front Matter

   Pages i-xiv

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2. CETA and the Debate on the Reform of the Investment Regime

   • Nicolas Angelet

   Pages 1-17

3. The Notion of Investment

   • Jan Asmus Bischoff, Matthias Wühler

   Pages 19-44

4. National Treatment

   • Andrea K. Bjorklund, Lukas Vanhonnaeker

   Pages 45-70

5. Most Favoured Nation Treatment

   • Claire Crépet Daigremont

   Pages 71-94

6. Fair and Equitable Treatment

   • Patrick Dumberry

   Pages 95-126

7. Expropriation

   • Arnaud de Nanteuil

   Pages 127-157

8. The Right to Regulate

   • Catharine Titi

   Pages 159-183

9. Resolution of Investment Disputes

   • André von Walter, Maria Luisa Andrisani

   Pages 185-206

10. The CETA Investment Chapter and Sustainable Development: Interpretative Issues

    • Stefanie Schacherer

    Pages 207-238

11. An African View on the CETA Investment Chapter

    • Makane Moïse Mbengue, Mohamed H. Negm

    Pages 239-269

12. An Asian View on the CETA Investment Chapter

    • Locknie Hsu

    Pages 271-302

13. A Latin American View on the CETA Investment Chapter

    • Ely Caetano Xavier Junior

    Pages 303-337

14. CETA and Investment: What Is It About and What Lies Beyond?

    • Nathalie Bernasconi-Osterwalder, Howard Mann

    Pages 339-361

This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection. It first provides background information on the Comprehensive Economic and Trade Agreement (CETA), particularly focusing on the chapter on foreign investment, including the rules on the entry of investments, their protection and the stringent dispute settlement mechanism. 

It goes on to explore whether these provisions are a further step toward reforming the current international investment law regime. It also examines the highly innovative part of the agreement: the inclusion of crosscutting issues, such as sustainable development. In addition, it examines the CETA investment chapter from the perspective of non-contracting parties, including Africa, Asia and Latin America. 

The book is of interest to academics and studentsin the field of international investment law. It is also an essential resource for government legal advisers, policymakers, business practitioners, and others dealing with international investment law.

• mega-regionals
• CETA and the debate over the reform of the investment regime
• Expropriation
• Comprehensive Economic and Trade Agreement
• Investment Court System
• Sustainable Development and Investment
• An African view on the CETA
• An Asian view on the CETA
• A Latin American view on the CETA
• CETA investment chapter and non-contracting parties
• CETA codifies the body of international investment law
• international investment law,
• CETA and existing international investment agreements
• CETA and NAFTA

“Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) is certainly one the most authoritative and comprehensive studies. It provides a rich descriptive account of how key areas and at the same time it approaches them critically with an awareness of broader debate on the reform of the investment regime. As such, it is a valuable resource for all scholars and practitioners working on international investment law.” (Ondřej Svoboda, Manchester Journal of International Economic Law, Vol. 16 (2), September, 2019)

• Faculty of Law, University of Geneva, Geneva, Switzerland

  Makane Moïse Mbengue, Stefanie Schacherer

• Science Po Paris, School of Law, Paris, France

  Makane Moïse Mbengue

Makane Moïse Mbengue is a Professor of Public International Law at the Faculty of Law of the University of Geneva and an Affiliate Professor at Science Po Paris (School of Law). He also acts as a professor for courses in international law organized by the United Nations Office of Legal Affairs (OLA). He advises or has advised several international institutions, including the International Labour Organisation (ILO), the World Health Organisation (WHO), the United Nations Economic Commission for Africa (UNECA) and the African Union (AU). He acts as counsel in disputes before international courts and tribunals and is often involved in investment negotiations. 

Stefanie Schacherer is a Ph.D. candidate at the University of Geneva and the University of Vienna. She is specialized in international and European investment law. Her research focuses on the new investment and trade agreements concluded by the European Union. Ms Schacherer holds a bachelor’s and master’s degreein law from the University of Geneva as well as a LL.M. in International Business Law from King’s College London. She is currently working as teaching and research assistant at the Faculty of Law of the University of Geneva.

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