Dictamen 1/17 del TJUEla homologación del nuevo modelo de solución de diferencias inversor-Estado (ISDS) impulsado por la Unión Europea

Abstract

Opinion 1/17 of the CJEU declares the compatibility with EU Law of the Investor-State Dispute Settlement (ISDS) mechanism foreseen i n t h e Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA), and overthrows the last major obstacle to the ratification and entry into force of the agreement. The CJEU has considered that the ISDS mechanism does not violate the autonomy of EU Law, is respectful of the general principle of equal treatment and the requirement of effectiveness, and has the c h a r a c t e r i s t i c s o f a n independent court. It is a key decision, not only for the CETA, but for all the future common commercial policy of the Union, given that it opens the door for the inclusion of these ISDS mechanisms in the new generation free trade agreements that the EU is nowadays negotiating and, therefore, to a more ambitious policy, without having to renounce one of the fundamental elements of foreign investment law.