Towards a Future Investment Treaty: Lessons from Indirect Expropriation Cases due to Measures to Protect the Environmental and Public Health - European Business Law Review View Towards a Future Investment Treaty: Lessons from Indirect Expropriation Cases due to Measures to Protect the Environmental and Public Health by - European Business Law Review Towards a Future Investment Treaty: Lessons from Indirect Expropriation Cases due to Measures to Protect the Environmental and Public Health 28 2

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.

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