This article considers the formulation of indirect expropriation in the Comprehensive Economic and Trade Agreement between the European Union and Canada (“CETA”) and the European Union – Singapore Free Trade Agreement (“EU-Singapore Trade Agreement”). It identifies the factors to be taken into account by tribunals when adjudicating indirect expropriation claims under these two agreements. Further, it examines how these factors have been interpreted by tribunals in cases which deal with environmental and public health measures. The article argues that the innovations introduced by CETA and the EU – Singapore Trade Agreement have successfully addressed the concerns generated by indirect expropriation cases but some questions still remain unresolved.
European Business Law Review