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ดุลพาห

The EU-Vietnam FTA and CETA refer to ‘Members of the Tribunal’ rather than
“Judges.” Unlike the TTIP and the EU-Vietnam FTA, the CETA permits each

party to instead “propose to appoint up to five Members of the Tribunal of
any nationality; in that case, such Members of the Tribunal shall be considered

to be nationals of the Party that proposed his or her appointment.” The
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EU-Vietnam FTA provides for a smaller pool of Tribunal Members and requires

the appointment of nine Members, three being nationals of EU Member States,
three nationals of Vietnam and three nationals of third countries. Judges are
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appointed on a fixed term renewal once for a term of six years (TTIP), five
47
years (CETA), or four years (EU-Vietnam FTA). 49
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(b) Remuneration

Although the appointment is long-term, the treaties do not envisage

Tribunal Members to work on a full-time basis. The Judges must remain
available during their term and on short notice, for which they will receive a

monthly retainer fee to ensure their availability and a set wage for each day
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45. Footnote 9 of Article 8.27(2) of the CETA.
46. Article 12(2) of the EU-Vietnam FTA.
47. Article 9(5) of the TTIP (“The Judges appointed pursuant to this Section shall be appointed
for a six-year term, renewable once. However, the terms of seven of fifteen persons appointed
immediately after the entry into force of the Agreement, to be determined by lot,
shall extend to nine years. Vacancies shall be filled as they arise. A person appointed to
replace a person whose term of office has not expired shall hold office for the remainder
of the predecessor’s term.”).
48. Article 8.27(5) of the CETA (“The Members of the Tribunal appointed pursuant to this
Section shall be appointed for a five-year term, renewable once. However, the terms of
seven of the 15 persons appointed immediately after the entry into force of the Agreement,
to be determined by lot, shall extend to six years.…”).
49. Article 12(5) of the EU-Vietnam FTA (“The Members of the Tribunal appointed pursuant to this
Section shall be appointed for a four-year term, renewable once. However, the terms of five of nine
persons appointed immediately after the entry into force of the Agreement, to be determined by lot,
shall extend to six years.…”).
50. Article 8.27(12) of the CETA; Article 12(14) of the EU-Vietnam FTA; Article 9(12) of
the TTIP.

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