Balancing on a tightrope
Résumé
Like a tightrope walker, the Court is engaging in a delicate balancing actin its Opinion 1/17, seeking a path of compatibility of the ICS with thetreaties that will allow it not to compromise its requirement of compliancewith the Constitutional Charter of the European Union.With a benevolentinterpretation of the provisions of the CETA and the acts accompanying itsdevelopment, it stipulates the obligations that the EU institutions will haveto fulfil to ensure the implementation of Chapter 8 Section F of the CETA,and its long-term compatibility with EU law. In doing so, it validates theEuropean model of the investor-State dispute settlement mechanism,enabling it to be applied in other bilateral agreements and, eventually, ona multilateral basis.