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The Brave New (American) World of International Investment Law: Substantive Investment Protection Standards in Mega-Regionals

instruments and loans” but in a footnote clarifies that “some forms of debt, such as bonds, debentures, and long-term notes, are more likely to have the characteristics of an investment, while other forms of debt, such as claims to payment that are immediately due and result from the sale of goods or services, are less likely to have such characteristics.” In its annex 8-B (Public Debt), CETA limits the application of investment treaty standards in respect of sovereign debt restructurings. also benefit from modification to the general rules that grant additional safeguards

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Investor-State Dispute Settlement and the Future of the Precautionary Principle

Treatment and Most Favoured Nation Status at Annex II (Public Debt) to section 2, paragraph 2, see supra note 27. This paragraph refers to “ Section 1: Liberalisation of Investments”, but the full text of this section is not yet included in this Commission document; a separate document on investment protection is still under negotiation ( see infra note 128). - is very similar to that of CETA, and also makes provision for a bespoke “Tribunal of First Instance” and a “permanent appeal Tribunal” for investor-state dispute settlement. Id . sec. 3 (Resolution of

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