Comments on Article 1.9 of CETA
European Water Movement
The last clause of article 1.9 in the CETA is very clear that the Agreement applies to water where put into commercial use. In turn, the investment chapter and ISDS (investor-state dispute settlement, renamed ICS in the final version of CETA) would apply to such situations.
In this framework, one can speculate reasonably about areas of regulation involving water that would by implication subject to the public financial risks and regulatory chill pressures created by the availability of ISDS to foreign owners of water-related assets.
Van Harten, Gus, "Comments on Article 1.9 of CETA" (2017). Articles & Book Chapters. 2628.