ICSID Review - Oxford Journals – CETA, the Investment Canada Act and SOEs: A Brave New World for Free Trade

Global In the media February 15, 2016

Kevin Ackhurst, Stephen Nattrass, Erin Brown provide an overview of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA or the Agreement), noting in particular certain of its novel procedural and substantive elements related to investment and Investor-State Dispute Settlement. CETA will also, if ratified, have an impact on the review threshold for Canada’s existing foreign investment review law, the
Investment Canada Act, significantly increasing it and thereby reducing the number of pre-closing reviews not just for EU Member States but for other nations with most favoured nations provisions in trade agreements with Canada. State-owned enterprises receive unique treatment under the ICA, and their treatment under both the ICA and CETA is explored.