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The use of investment treaty arbitration to decide public law raises concerns about judicial independence and impartiality. These concerns arise from the absence of institutional safeguards of independence that are otherwise present in public law adjudication at the domestic or international...
Persistent link: https://www.econbiz.de/10013125612
It is demonstrated that the signed (but not ratified) Canada-China Foreign Investment Promotion and Protection Agreement (FIPPA) is novel and, in key respects, non-reciprocal in favour of China. For example, the FIPPA would provide a general right of market access by Chinese investors to Canada...
Persistent link: https://www.econbiz.de/10013056938
Comments are offered on the EU-Canada Joint Interpretive Declaration on the CETA (updated to account for versions of 5 October, 11 October, 13 October, and 22 October 2016). For eight reasons, I argue that the Declaration does very little to alleviate key concerns arising from the CETA's...
Persistent link: https://www.econbiz.de/10012981608
The article reviews Constitutionalizing Economic Globalization by David Schneiderman. In the book, Schneiderman examines the relationships between international investment rules and constitutional principles of liberal democracy and identifies how arbitrators have interpreted investment treaties...
Persistent link: https://www.econbiz.de/10013069845