Article 8.30 : Ethics in CETA (EU-Canada Comprehensive Economic and Trade Agreement)

This commentary focuses on Article 8.30 CETA, which is entitled ‘Ethics’ and sets ethical rules for the Members of the CETA Tribunal and the Appellate Tribunal. The European Commission presents this precept in a succinct paragraph, highlighting the key issues addressed and the main novelties with respect to the traditional ISDS system:CETA establishes strict rules of ethical behaviour for the Members of the Tribunal which guarantee their full independence and impartiality. Situations where a Member of the Tribunal can act as a counsel or an expert in pending or new investment disputes are prohibited. Further, CETA has a binding code of conduct for the Members of the Tribunal. The code is based on the ethical rules of the International Bar Association, subject to further revision. It prevents conflicts of interest. In case a Member of the Tribunal is found not to comply with the code, he/she will be replaced. That decision is taken by an independent outside party -the President of the International Court of Justice and not by the remaining Members of the division of the Tribunal hearing the case as is often the case in existing agreements. The commentary that begins here provides a detailed analysis of the issues emphasised by the Commission and is structured thus: a brief ‘Introduction and Overview’ is followed by the ‘Spirit and Purpose’ of the provision, after which the ‘Drafting History’ is systematized. Article 8.30 CETA is divided into four paragraphs and the same framework is used in the comprehensive analysis of the CETA’s ethics rules for adjudicators. Finally, the brief ‘Conclusion’ raises some last questions that may lead to future research with relevance for the practice of investment dispute resolution