1. This shift is astutely discussed in Mark A. Clodfelter, The Future Direction of Investment Agreements in the European Union;Clara J Santa;Council Meeting Document, CETA Landing Zones,2012
2. Expropriation
3. Paragraph 3 recalls "the general practice of States accepted as law," a vintage synonym for customary law, reminiscent of the wording of Article 38 of the Statute of the International Court of Justice. A similarly idiosyncratic approach is visible in Article 143(1) of the China-New Zealand FTA, where the reference to customs is dropped in favour of the equivalent expression "commonly accepted rules of international law;Id;particular, the list includes denial of justice, fundamental breach of due process, manifest arbitrariness, targeted discrimination on manifestly wrongful grounds, and abusive treatment,2008