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

Fanou, M; (2020) The independence and impartiality of the hybrid CETA Investment Court System: Reflections in the aftermath of Opinion 1/17. Europe and the World: A law review , 4 (1) , Article 8. 10.14324/111.444.ewlj.2020.26. Green open access

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Abstract

In its recent Opinion 1/17, the Court of Justice of the EU (CJEU) examined the compatibility of an external judicial body, the Investment Court System (ICS) under the EU–Canada Comprehensive and Economic Trade Agreement (CETA), with EU law. At a time when judicial independence has arisen as one of the main challenges for the rule of law in the EU, this article discusses the Court’s findings in relation to the compatibility of the ICS with the right of access to an independent and impartial tribunal.

Type: Article
Title: The independence and impartiality of the hybrid CETA Investment Court System: Reflections in the aftermath of Opinion 1/17
Open access status: An open access version is available from UCL Discovery
DOI: 10.14324/111.444.ewlj.2020.26
Publisher version: https://doi.org/10.14324/111.444.ewlj.2020.26
Language: English
Additional information: c 2020, Maria Fanou. This is an open access article distributed under the terms of the Creative Commons Attribution Licence (CC BY) 4.0 https://creativecommons.org/licenses/by/4.0/, which permits unrestricted use, distribution and reproduction in any medium, provided the original author and source are credited
Keywords: Opinion 1/17, judicial independence, ICS, CETA
URI: https://discovery-pp.ucl.ac.uk/id/eprint/10124382
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