CETA AND SOVEREIGNTY: COSTELLO v GOVERNMENT OF IRELAND

In Costello v Government of Ireland, the Supreme Court ruled that as Irish law currently stands the Constitution does not permit ratification of the EU-Canada Comprehensive Economic and Trade Agreement (CETA), as the proposed Tribunal would be carrying out a function reserved for the judiciary. The Court held that CETA could be ratified if the Arbitration Act 2010 were amended to give the High Court enhanced power to refuse leave to enforce CETA Tribunal awards. This article analyses the High and Supreme Court judgments against the background of previous consideration of CETA by the German Federal Constitutional Court, the French Constitutional Council, and the Court of Justice of the European Union. It considers the scope of the proposed statutory cure and implications for Ireland's compliance with the Washington ICSID Convention and the Energy Charter Treaty.