Friday, February 28, 2014

Tzanakopoulos: National Treatment and MFN in the (Invisible) EU Model BIT

Antonios Tzanakopoulos (Univ. of Oxford - Law) has posted National Treatment and MFN in the (Invisible) EU Model BIT (Journal of World Investment and Trade, forthcoming). Here's the abstract:
This article discusses the potential provisions on national treatment and MFN to be included in a future EU Model BIT against the background of the leaked draft text of the Canada-EU Comprehensive Economic and Trade Agreement (CETA) investment chapter. It concludes that the EU treaty practice seems to be closer to investment protection models influenced by NAFTA, such as those prevalent in the Canada and US Model BITs, and that a future EU Model BIT along these lines will depart significantly from the investment treaty practice of EU Member States.