Reflections on Opinion 1/17 (Comprehensive Economic and Trade Agreement between the EU and Canada - CETA)

A Europe and the World: A law review special issue

About

On 30 April 2019, the Court of Justice held in Opinion 1/17 that the investment chapter of the Comprehensive Economic and Trade Agreement between the EU and Canada (CETA) was compatible with EU law. The Court’s Opinion had been much anticipated, predominantly for two reasons: First, investment arbitration is highly controversial. Many scholars and societal organisations are fundamentally opposed to offering foreign investors special remedies against public policy decisions, while others consider such protection a necessary element of the EU’s trade and investment policy. Second, the autonomy of the EU legal order is at the core of several landmark cases of EU external relations law. After it had proven an obstacle to EU accession to the European Convention on Human Rights (ECHR) in 2014, Opinion 1/17 was the next high-profile test of what the Court’s autonomy conception could mean for the EU’s ability to participate in setting up international courts and tribunals.

This Special Issue places Opinion 1/17 in a broader context. It offers an analysis of the Court’s legal reasoning, examines the potential consequence of the Opinion, and contributes to the specific debates on the EU’s role in investment arbitration and the meaning of the autonomy of the EU legal order.

Publication date: Articles will be published as and when ready on an on-going basis, see below list for article publication dates.

Article list

Autonomy and international investment agreements after Opinion 1/17

Gesa Kübek
Published: 29 September 2020

The independence and impartiality of the hybrid CETA Investment Court System: Reflections in the aftermath of Opinion 1/17

Maria Fanou
Published: 08 September 2020

Regulatory autonomy and regulatory chill in Opinion 1/17

Laurens Ankersmit
Published: 03 July 2020

Values and objectives of the EU in light of Opinion 1/17: ‘Trade for all’, above all

Ivana Damjanovic and Nicolas de Sadeleer
Published: 03 July 2020

The Opinion procedure under Article 218(11) TFEU: Reflections in the light of Opinion 1/17

Marise Cremona
Published: 10 April 2020

The autonomy of the EU legal order

Christina Eckes
Published: 5 February 2020

Articles will be listed here upon publication.