Domestic Policy Space and the Settlement of Trade Disputes under the EU-Canada Comprehensive Economic and Trade Agreement
Articolo
Data di Pubblicazione:
2016
Citazione:
Domestic Policy Space and the Settlement of Trade Disputes under the EU-Canada Comprehensive Economic and Trade Agreement / A. Bonfanti. - In: TRANSNATIONAL DISPUTE MANAGEMENT. - ISSN 1875-4120. - 13:1(2016), pp. 1-19.
Abstract:
This paper aims to examine the most significant CETA provisions on trade regulation which
allow the Parties to protect their public interests and seeks to analyse their relationship with
the WTO covered agreements and the issues concerning the settlement of any dispute that
may arise. It concludes that CETA provides the Parties with extraordinary legal tools to
pursue their public policy interests. However, on the one hand, the effectiveness of these tools
will largely depend on the interpretation they receive; on the other hand, conflicts of
jurisdiction between the WTO’s and the CETA’s dispute settlement mechanisms (DSMs) over
disputes concerning the legitimacy of trade restrictions aimed at protecting domestic public
interests should not be ignored. Expectations about the final decision could lead a
complaining party to choose the DSM it perceives to be more advantageous, a form of forum
shopping. The more closely CETA panels will follow WTO interpretations, the lower the risk
of diverging and incompatible rulings will become.
Tipologia IRIS:
01 - Articolo su periodico
Elenco autori:
A. Bonfanti
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