Joint analysis of CETA’s Investment Court System (ICS) - Prioritising Private Investment over Public Interest

This analysis is based on the revised Investment Protection Chapter of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada, published 29th February 2016.

The new CETA Investment Chapter contains some improvements compared to the previous version: the introduction of an article on the right to regulate; clearer ethics rules; more transparency provisions. Nevertheless, it falls short of addressing some core concerns relating to the protection of public health; animal and plant life and health; the environment; consumers’ and labour rights. It may create a ‘fright to regulate’ as the actual ‘right to regulate’ in the public interest is not sufficiently guaranteed and protected.

The following analysis highlights key concerns that have not been addressed in the revised CETA investment chapter, meaning that CETA falls short of safeguarding democracy and the rule of law both in Europe and Canada. See Annex 1 for a technical and detailed legal assessment.

For more information contact ClientEarth Lawyer Laurens Ankersmit - or +32 (0) 2 808 4321.

Size 296 KB
Published September 30, 2016
Found in Rule of lawTrade