a reply to: DerBeobachter
I looked it up.Ick.Tribunals scare me:
CETA removes barriers for investors wishing to enter the Canadian market. The agreement also ensures that all European investors in Canada are treated
equally and fairly. To improve the investment climate and offer more certainty to investors, the EU and Canada have committed themselves to certain
key principles, such as treating domestic and foreign investors in the same way (non-discrimination). Canada and the EU have also committed themselves
not to impose any new restrictions on foreign shareholdings.
Both the EU and Canada have strong legal systems and investors can turn to the domestic judicial system with any concerns they may have. But this may
not always adequately protect foreign investors. For example, a government could seize the assets of a foreign investor without paying proper
compensation. An investor could also face restrictions in bringing their case to a domestic court. EU Member States have traditionally laid down out
rules governing international arbitration in their bilateral investment treaties. These rules allow investors to raise their concerns.
CETA includes an investment protection and dispute settlement system which matches the expectations of the EU’s and Canada’s citizens and
businesses. The new system is fairer and more transparent and has a solid institutional framework. At the same time, it will continue to resolve
investment disputes quickly.
CETA incorporates all aspects of the EU’s new approach on investment protection and investment dispute settlement, including:
Clear language confirming the right to regulate for all levels of government.
A clear move away from the current arbitration system to a permanent and institution-based dispute settlement tribunal. The members of the tribunal
will no longer be designated by the investor and the state involved in a specific dispute but in advance, by the authorities of the EU and Canada.
Judges will have to be sufficiently qualified and demonstrate proven ethical conduct. The three members of the tribunal dealing with a given dispute
will be allocated at random to guarantee their impartiality.
Detailed commitments on ethics to avoid any conflicts of interest, whether perceived or real. Members of the tribunal and the appeal tribunal will,
for instance, not be able to work as lawyers or experts in any other investment dispute.
An appeals system similar to domestic legal systems, meaning that decisions will be checked for legal correctness and reversed where an error
A joint commitment by the EU and Canada to work with other trading partners to set up a permanent, multilateral investment court with a standing