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.
International organizations often lack operational capacity, but may command significant normative power over States. By contrast, States have organs with significant operational capacity. Adoption of sanctions by the un Security Council under Chapter vii of the un Charter would remain a dead letter without enlisting the capacity of States to implement these measures on the ground. The un and its member States may thus both contribute to a single harmful outcome when sanctions are wrongful. International responsibility for this is shared in practice, as demonstrated by recent developments in domestic and regional international courts: States are held responsible by domestic or regional international courts, and are forced to disobey the Security Council in order to comply with their human rights obligations. In turn, the States put pressure on the Security Council to reform the offending regime, forcing the un to comply with its own international obligations.