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

In: The Journal of World Investment & Trade
Author:
Antonios Tzanakopoulos University of Oxford, Oxford, United Kingdom, antonios.tzanakopoulos@law.ox.ac.uk

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This article discusses the potential provisions on national treatment and most-favoured-nation (mfn) treatment to be included in a future model bilateral investment treaty (bit) of the European Union (eu) against the background of the leaked draft text of the Canada-eu Comprehensive Economic and Trade Agreement (ceta) investment chapter. It concludes that the relevant eu treaty practice seems to be closer to investment protection models influenced by the North American Free Trade Agreement (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.

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