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Artigo

1 out 2016

Author:
Ciaran Cross, International Centre for Trade Union Rights & Greenpeace

Investor protection in CETA: Gold standard or missed opportunity?

...According to its negotiators, CETA now represents the “new global standard of progressive trade agreements”...Partly in response to...public outcry over ISDS, the EU Parliament articulated in the EP Resolution a number of concrete stipulations for reforming investment protection provisions...[A]fter the ‘legal review’ of CETA’s investment provisions, there is little evidence that many of the widespread and legitimate concerns have been adequately addressed...Most of the relevant objectives outlined in the EU Parliament’s Resolution of 8 July 2015 have been ignored or remain unfulfilled.  Notable from the outset is that the CETA does not provide any comprehensive guarantee of states’ right to regulate in pursuit of legitimate public interest objectives, and that the issue of investor...As explained in detail below, only four of the criteria set by the Resolution of the European Parliament of 8 July 2015 can be regarded as fulfilled; one is uncertain, and ten remain unfulfilled.  Consequently, CETA’s new chapter on investment protection cannot be considered a “gold standard”.  Rather, it is a missed opportunity to create a legal system that addresses these deficiencies, which have long been identified in the ISDS system...