Implementation, institutional framework and dispute settlement

Significance Without a dispute settlement mechanism in Swiss-EU relations, Switzerland has no legal leverage to defend its rights. Ironically, such a mechanism is the most controversial element of the institutional framework that Switzerland and the EU have been negotiating since 2014. Impacts If Bern dilutes labour market rules to secure EU concessions, this could prompt new alliances between Swiss left- and right-wing parties. Firms based in the EU will continue to be able to buy and sell titles on the Swiss stock exchange at least until end-2018. A new agreement (pending ratification) will allow 54 heavy-polluting Swiss firms to participate in the EU emission trading system. Joining the European Railway Agency will allow Bern to access technical assistance and facilitate Swiss train operations in the EU. If Bern abides by its plans to renew cohesion payments, new EU member states may obtain funding for vocational education projects.

Download Full-text

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/s0069005800006652 ◽

1998 ◽

Vol 35 ◽

pp. 263-290

Author(s):

J. Anthony VanDuzer

Keyword(s):

Free Trade Agreement ◽

Dispute Settlement ◽

Trade Agreement ◽

Minimum Standards ◽

The North ◽

State Behaviour ◽

Nafta Chapter 11 ◽

To Come ◽

The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

Download Full-text