Litigating Human Rights Disputes Against the EU and the Member States: Some Reflections in Light of Opinion 1/17

Luca Pantaleo

2021-01-01

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Abstract

The participation of the EU in international dispute settlement has been the subject of a lively academic debate in recent years. This debate was fuelled by some landmark decisions of the CJEU, which has rejected the compatibility with EU law of the Draft Accession Agreement to the ECHR in Opinion 2/13, while giving the green light to the CETA Investment Court System in Opinion 1/17. In light of the Court’s main findings in the latter Opinions, this Article claims to assess the adaptability of the model dispute settlement developed under CETA to the ECHR.