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CETA's Investment Chapter: A Rule of Law Perspective


ISBN13: 9783030669942
Published: February 2022
Publisher: Springer-Verlag
Country of Publication: Switzerlands
Format: Paperback (Hardback in 2021)
Price: £74.99
Hardback edition , ISBN13 9783030669911



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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.

Subjects:
International Investment Law
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
BIBLIOGRAPHY