The Comprehensive Economic and Trade Agreement (CETA) between Canada and
the European Union (EU) and its Member States went through a long gestation and
negotiation period. Its actual birth was late and painful but yielded an extremely
interesting treaty that had many innovative aspects in international law and led to
many interesting repercussions for the internal legal regimes in the field of trade and
investment law of both parties. In Canada, the negotiations contributed to bringing
about a new interprovincial agreement on trade, called the Canadian Free Trade
Agreement, in April 2017, which considerably freed up interprovincial trade and
inter alia brought about mechanisms for reducing technical barriers to trade between
the provinces. Inside the EU, it was an important test of the Union’s newly acquired
powers in the field of international investment and a continued legal need (or political
wish on the part of the Member States) for the conclusion of so-called
mixed
agreements when concluding broad trade agreements. After the Wallonia crisis over
CETA and Opinion 2/15 on the EU-Singapore Free Trade Agreement, the
Commission has pledged never to propose anymore to the EU Council of Ministers
the negotiation of trade agreements which would go beyond the Union’s exclusive
trade policy power. In the field of investment, this implies that portfolio investments
and investor-state dispute settlement (ISDS) will no longer be covered by such
agreements. How the Member States will react when this policy pledge is executed
remains to be seen.