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Opinion 1/17 (C.J.E.U)

Published online by Cambridge University Press:  12 March 2020

Jonathan Lim
Jonathan Lim*
Affiliation:
Jonathan Lim is a Senior Associate at Wilmer Cutler Pickering Hale and Dorr LLP.
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Extract

On April 30, 2019, the Court of Justice of the European Union (CJEU) rendered Opinion 1/17 on the compatibility with European Union (EU) law of the Investment Court System (ICS) under the Comprehensive Economic and Trade Agreement between Canada and the European Union and its member states (CETA). In a momentous decision that is likely to have consequences beyond the CETA, a full court of the CJEU held that the ICS provisions were compatible with EU law.

Type
International Legal Documents
Information
International Legal Materials , Volume 59 , Issue 1 , February 2020 , pp. 89 - 131
Copyright
Copyright © 2020 by The American Society of International Law

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References

ENDNOTES

1 Judgment of April 30, 2019, Opinion 1/17 of the Court, ECLI:EU:C:2019:341 [hereinafter Opinion].

2 CETA, Arts. 8.27(6) & 8.27(7).

3 Id. Arts. 8.28(3)-(5).

4 Id. Art. 8.29; Opinion of Advocate General Bot, delivered on 29 January 2019, ECLI:EU:C:2019:72, ¶¶ 7–9. See also Submission of the European Union and its Member States to UNCITRAL Working Group III, Establishing a standing mechanism for the settlement of international investment disputes (Jan. 18, 2019).

5 CETA – Belgian Request for an Opinion from the European Court of Justice (Sept. 7, 2017; Opinion, supra note 1, ¶¶ 46–69.

6 Opinion, supra note 1, ¶¶ 47–49.

7 Id. ¶ 50.

8 Id. ¶¶ 106–119.

9 Id. ¶¶ 130–131.

10 Id. ¶ 132.

11 Id. ¶¶ 148–151.

12 Id. ¶¶ 152–161.

13 Id. ¶¶ 180–181.

14 Id. ¶¶ 207–219.

15 Id. ¶¶ 228–231, 233.

16 Id. ¶¶ 238–242.

17 Notice concerning the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part, OJ 2017, L 238/9 (September 16, 2017).

18 Judgment of March 6, 2018, Achmea, C-284/16, EU:C:2018:158.

19 Opinion, supra note 1, ¶¶ 126–127.