Current facets (Pre-Master)
Dr. Alessandra Arcuri in Trouw: ‘Negotiators should not include a special arbitration tribunal in CETA.’
The Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union makes it possible for multinationals to bring their cases before a special arbitration tribunal. But is that possibility really necessary?
Dr. Alessandra Arcuri (Associate Professor International and European Union Law at Erasmus School of Law) is not against CETA. However, she is against the possibility for multinationals to bring their cases before a a special tribunal. Arcuri points out that this possibility grants multinationals special privileges that normal citizens do not enjoy.
Arcuri: ‘CETA is an improvement compared to already existing treaties when it comes to Investor State Dispute Settlement mechanism, but it is questionable that multinationals do not have to initiate a dispute before a local court first. A well-heard argument is that the legal system in some countries is flawed. Yet, there is no evidence of this. Granted, there are some southern European countries with weak judicial systems. Citizens equally suffer from not well functioning legal systems. If, as a citizen, you get hurt by the leakage of a chemical factory, you do not have super-rights to go to an international arbitration tribunal to get compensation. Why should foreign investors be treated differently? .’