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An Asian View on the CETA Investment Chapter

  • Locknie Hsu
Chapter
Part of the Studies in European Economic Law and Regulation book series (SEELR, volume 15)

Abstract

The Canada-EU Free Trade Agreement (CETA) has been completed and awaits ratification against a backdrop of global economic uncertainty. The Trans-Pacific Partnership Agreement (TPP), which includes five Asian parties among its signatories, has lost the support of the United States and its fate is uncertain as well. The CETA is significant for Asian countries given that one of its parties—the EU—has signalled strongly that it wishes to negotiate a number of free trade agreements in the Asian region. The agreement offers valuable insight into the thinking of the EU in terms of investment protection guarantees, its proposed investment dispute settlement which offers an alternative to existing international arbitration options, and provisions permitting flexibility and regulatory control. However, Asia is by no means a homogeneous region, as its countries have diverse economic interests, resources and negotiating priorities. There is also a number of ongoing investment treaty “reform” activities in parts of Asia. While the EU may draw on the CETA to work with Asian partners in FTA negotiations, it will also have to examine the existing economic systems, treaties and priorities in Asia, to navigate such negotiations well.

Keywords

Free trade agreement Comprehensive economic and trade agreement (CETA) Asia Association of Southeast Asian Nations (ASEAN) Investment Investor-State disputes Interpretation Arbitration Mediation Investment court Belt and Road 

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Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.Singapore Management University, School of LawSingaporeSingapore

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