What ECJ ruling on CETA means for the EU's bilateral investment treaties


Prof. Jane Kelsey

Faculty of Law

Project code: LAW001

The European Court of Justice (ECJ) is expected to rule around April 2019 on the validity of the investmentchapter in the Canada EU FTA, following the decision in the Achmea case that the investor-state dispute mechanism in internal EU bilateral investment treaties (BITs) is unlawful under the EU treaties. The EU is therefore revising its internal BITs. The CETA case will impact on the EU's external agreements. This project seeks to analyse that decision and the potential consequences for existingand future EU BITs and free trade agreemeents with investment chapters.