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Implementation Issues of Investor-State Arbitration: The Move to the Investment Court System in CETA

Authors: Alexander Wolffenbuttel;

Implementation Issues of Investor-State Arbitration: The Move to the Investment Court System in CETA

Abstract

This thesis examines the implementation issues that the CETA investor-state court system could be experiencing in the future. The investor-state chapter of the agreement between the European Union and Canada relies on the already existing ICSID and New York Convention framework for procedures and implementation. This thesis, however, argues that neither the ICSID and the New York Convention, nor the implementation provisions inter partes in the CETA agreement are currently sufficient to guarantee enforcement for Canadian investors. Both signatory states would substantially benefit from clarifying the approach that will be taken to ensure awards will be abided by to ensure a trustworthy and reliable investor-state dispute settlement mechanism under CETA.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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