Title CETA's investment chapter : a rule of law perspective / Kriton Dionysiou

Published Cham, Switzerland : Springer, [2021]

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Description 1 online resource Series European yearbook of international economic law European yearbook of international economic law. EYIEL monographs ; volume 13 European yearbook of international economic law. European yearbook of international economic law. EYIEL monographs ; v. 13. Contents Introduction -- The Backlash Against Investment Treaty Arbitration: Treat the Cause and Not the Symptom -- Investment Treaty Arbitration and the Rule of Law: Tensions and Solutions -- Legal Certainty and CETA: The Fallacy of a Single Treaty as a Solution -- Human Rights Protection in CETA: More Artificial Than Substantial -- Procedural Fairness and CETA: Ghosts of Decades Past -- Transparency and Access to Justice in CETA: Issues and Shortcomings -- Conclusion & Findings Summary This book provides a comprehensive account of the CETA Investment Chapter's ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to evaluate the investment arbitration mechanism in CETA's Investment Chapter. Based on this, the book evaluates CETA's Investment Chapter through the rule of law framework in order to provide a convincing account of the latter's ability to overcome the legitimacy crisis facing investment arbitration. It concludes that CETA's Investment Chapter is unlikely to completely solve the legitimacy crisis simply because it is just a patchwork of reforms rather than a comprehensive reinvention of the substantive and procedural law of investment arbitration. Lastly, the book offers meaningful insights into the way the challenges presented by investment arbitration should be addressed. The book is intended for academics researching international investment law and arbitration as well as for policy-makers focusing on reforming investor-state dispute settlement Bibliography Includes bibliographical references Notes Online resource; title from PDF title page (SpringerLink, viewed March 11, 2021) SUBJECT Canada-European Union Comprehensive Economic and Trade Agreement Subject Investments, Foreign (International law) Conflict of laws. Investments, Foreign -- Law and legislation -- Canada Investments, Foreign -- Law and legislation -- European Union countries Conflict of laws International economic relations Investments, Foreign (International law) Investments, Foreign -- Law and legislation SUBJECT Canada -- Foreign economic relations -- European Union countries European Union countries -- Foreign economic relations -- Canada Subject Canada European Union countries Genre/Form Electronic books Form Electronic book ISBN 9783030669928 3030669920

Other Titles Canada-European Union Comprehensive Economic and Trade Agreement's investment chapter

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