INVESTMENT COURT SYSTEM OF CETA: ADVERSE EFFECTS ON THE AUTONOMY OF EU LAW AND POSSIBLE SOLUTIONS
The Court of Justice of the European Union (CJEU) has recently assessed the compatibility of the reformatory Investment Court System (ICS) of the EU’s trade agreement with Canada (CETA). In the Opinion 1/17, the CJEU ruled the ICS mechanism to be compatible with EU law. This article provides a compr...
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| Format: | Article |
| Language: | English |
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Mykolas Romeris University
2019-12-01
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| Series: | International Comparative Jurisprudence |
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| Online Access: | https://www3.mruni.eu/ojs/international-comparative-jurisprudence/article/view/5214 |
| _version_ | 1819060453792284672 |
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| author | Simas Grigonis |
| author_facet | Simas Grigonis |
| author_sort | Simas Grigonis |
| collection | DOAJ |
| description | The Court of Justice of the European Union (CJEU) has recently assessed the compatibility of the reformatory Investment Court System (ICS) of the EU’s trade agreement with Canada (CETA). In the Opinion 1/17, the CJEU ruled the ICS mechanism to be compatible with EU law. This article provides a comprehensive critical assessment of the ICS mechanism and its potential adverse effects on uniform interpretation of EU law. It is proposed that, despite the favourable assessment of the CJEU, the ICS mechanism could result in indirect negative effects on the uniform interpretation of EU law and the autonomy of EU legal order. Involvement of the CJEU in the proceedings of the ICS mechanism is suggested as a possible option to resolve all the incompatibilities of the ICS with the autonomy of the EU legal order, and to ensure the CJEU’s exclusive right to interpret EU law. |
| first_indexed | 2024-12-21T14:27:14Z |
| format | Article |
| id | doaj.art-9f56a1ab83f24d359fe86b0d23fd8e25 |
| institution | Directory Open Access Journal |
| issn | 2351-6674 2351-6674 |
| language | English |
| last_indexed | 2024-12-21T14:27:14Z |
| publishDate | 2019-12-01 |
| publisher | Mykolas Romeris University |
| record_format | Article |
| series | International Comparative Jurisprudence |
| spelling | doaj.art-9f56a1ab83f24d359fe86b0d23fd8e252022-12-21T19:00:37ZengMykolas Romeris UniversityInternational Comparative Jurisprudence2351-66742351-66742019-12-015210.13165/j.icj.2019.12.003INVESTMENT COURT SYSTEM OF CETA: ADVERSE EFFECTS ON THE AUTONOMY OF EU LAW AND POSSIBLE SOLUTIONSSimas GrigonisThe Court of Justice of the European Union (CJEU) has recently assessed the compatibility of the reformatory Investment Court System (ICS) of the EU’s trade agreement with Canada (CETA). In the Opinion 1/17, the CJEU ruled the ICS mechanism to be compatible with EU law. This article provides a comprehensive critical assessment of the ICS mechanism and its potential adverse effects on uniform interpretation of EU law. It is proposed that, despite the favourable assessment of the CJEU, the ICS mechanism could result in indirect negative effects on the uniform interpretation of EU law and the autonomy of EU legal order. Involvement of the CJEU in the proceedings of the ICS mechanism is suggested as a possible option to resolve all the incompatibilities of the ICS with the autonomy of the EU legal order, and to ensure the CJEU’s exclusive right to interpret EU law.https://www3.mruni.eu/ojs/international-comparative-jurisprudence/article/view/5214investment court systemisdsautonomy of eu lawcetacjeu |
| spellingShingle | Simas Grigonis INVESTMENT COURT SYSTEM OF CETA: ADVERSE EFFECTS ON THE AUTONOMY OF EU LAW AND POSSIBLE SOLUTIONS International Comparative Jurisprudence investment court system isds autonomy of eu law ceta cjeu |
| title | INVESTMENT COURT SYSTEM OF CETA: ADVERSE EFFECTS ON THE AUTONOMY OF EU LAW AND POSSIBLE SOLUTIONS |
| title_full | INVESTMENT COURT SYSTEM OF CETA: ADVERSE EFFECTS ON THE AUTONOMY OF EU LAW AND POSSIBLE SOLUTIONS |
| title_fullStr | INVESTMENT COURT SYSTEM OF CETA: ADVERSE EFFECTS ON THE AUTONOMY OF EU LAW AND POSSIBLE SOLUTIONS |
| title_full_unstemmed | INVESTMENT COURT SYSTEM OF CETA: ADVERSE EFFECTS ON THE AUTONOMY OF EU LAW AND POSSIBLE SOLUTIONS |
| title_short | INVESTMENT COURT SYSTEM OF CETA: ADVERSE EFFECTS ON THE AUTONOMY OF EU LAW AND POSSIBLE SOLUTIONS |
| title_sort | investment court system of ceta adverse effects on the autonomy of eu law and possible solutions |
| topic | investment court system isds autonomy of eu law ceta cjeu |
| url | https://www3.mruni.eu/ojs/international-comparative-jurisprudence/article/view/5214 |
| work_keys_str_mv | AT simasgrigonis investmentcourtsystemofcetaadverseeffectsontheautonomyofeulawandpossiblesolutions |