Research for CULT Committee - Culture and Education in the CETA

19-12-2016

This paper assesses the treatment of education and culture in the EU-Canada Comprehensive Economic and Trade Agreement (CETA). The CETA marked (for the EU) significant changes in negotiating modalities in the fields of services and investment, involving a shift in the manner in which the Parties undertake negotiated market opening commitments under the Treaty (from a GATS-type hybrid list to a negative list approach). Notwithstanding such changes, both Canada and the European Union have secured under the CETA negotiated outcomes fully aligned to – and wholly consistent with - those achieved by both Parties in their preceding trade and investment agreements at the bilateral, regional or multilateral levels. The CETA marked no change to the long-held policy of both Parties to retain full policy immunity by eschewing substantive disciplines and market opening commitments in matters of culture and publicly-funded education services.

This paper assesses the treatment of education and culture in the EU-Canada Comprehensive Economic and Trade Agreement (CETA). The CETA marked (for the EU) significant changes in negotiating modalities in the fields of services and investment, involving a shift in the manner in which the Parties undertake negotiated market opening commitments under the Treaty (from a GATS-type hybrid list to a negative list approach). Notwithstanding such changes, both Canada and the European Union have secured under the CETA negotiated outcomes fully aligned to – and wholly consistent with - those achieved by both Parties in their preceding trade and investment agreements at the bilateral, regional or multilateral levels. The CETA marked no change to the long-held policy of both Parties to retain full policy immunity by eschewing substantive disciplines and market opening commitments in matters of culture and publicly-funded education services.

Külső szerző

Michael Hahn, Institute for European and International Economic Law & World Trade Institute, University of Bern. Pierre Sauvé, World Trade Institute, University of Bern.