The European Union And International Investment Law Reform

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The European Union and International Investment Law Reform

Ivana Damjanovic
The European Union and International Investment Law Reform Book PDF

Author : Ivana Damjanovic
Publisher : Cambridge University Press
Page : 453 pages
File Size : 52,9 Mb
Release : 2023-07-27
Category : Law
ISBN : 9781009345415

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The European Union and International Investment Law Reform by Ivana Damjanovic Pdf

In order to understand the reform of international investment law envisioned by the EU, the author provides a comprehensive but concise analysis of the EU reform approaches, its constitutional and legal framework, the concepts of the rule of law and legitimacy, and the reasons for the reform. In particular, the book exposes tensions between the EU aspiration to enhance the rule of law in international investment law, as a means of legitimising this legal discipline, and the challenges of its reform approaches in practice. The analysis combines substantive and procedural aspects of the EU reform of international investment law in the intra-EU context and EU external relations. This book thus critically evaluates the EU vision of the rule of law in international law and its contribution to the development of international law in the field of investment.

The European Union and International Investment Law

Francesco Montanaro
The European Union and International Investment Law Book PDF

Author : Francesco Montanaro
Publisher : Bloomsbury Publishing
Page : 213 pages
File Size : 55,6 Mb
Release : 2023-03-23
Category : Law
ISBN : 9781509963829

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The European Union and International Investment Law by Francesco Montanaro Pdf

This book explores the interaction between the EU and international investment law, both at the internal level, namely within the EU internal market, and at the external level, i.e. in the context of its relations with third States. The joint treatment of these dimensions reveals that the EU has assumed an ostensibly ambivalent attitude towards international investment law. At the internal level, it has consistently asserted that intra-EU international investment agreements (IIAs) are not compatible with EU law and advocated their termination. At the external level, by contrast, it has eagerly deployed IIAs to develop its post-Lisbon international investment policy. The book finds that beneath this apparent ambivalence towards international investment law ultimately lies the EU's attempt to impose, both internally and externally, its own original model of regulation of cross-border investment. It then argues that the EU adopted this approach with a view to supporting its internal market, enhancing its external influence, and, ultimately, pursuing long-term 'federal aspirations'. Finally, the book identifies the legal and political obstacles that have curtailed the EU's efforts at both the internal and the external level.

China, the EU and International Investment Law

Yuwen Li,Tong Qi,Cheng Bian
China the EU and International Investment Law Book PDF

Author : Yuwen Li,Tong Qi,Cheng Bian
Publisher : Routledge
Page : 206 pages
File Size : 41,9 Mb
Release : 2019-11-11
Category : Business & Economics
ISBN : 9781000704891

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China, the EU and International Investment Law by Yuwen Li,Tong Qi,Cheng Bian Pdf

This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.

International Investment Agreements and EU Law

Tomas Fecak
International Investment Agreements and EU Law Book PDF

Author : Tomas Fecak
Publisher : Kluwer Law International B.V.
Page : 600 pages
File Size : 50,5 Mb
Release : 2016-09-25
Category : Law
ISBN : 9789041168931

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International Investment Agreements and EU Law by Tomas Fecak Pdf

The rapidly growing number of investors’ disputes with states and the approach of arbitral tribunals, perceived by some, whether rightly or not, as being too investor-friendly, underlie a contentious debate about the need to strike a more effective balance between investors’ rights under international investment agreements (IIAs) and the right of states to pursue legitimate regulation in the public interest. In this regard the European Union, with the exclusive external competence in foreign direct investment vested in it under the Lisbon Treaty, is emerging as the leader and driving force in the future development of international investment law. This book examines the competence of the EU to conclude investment treaties in the light of the investment protection rules of IIAs, explores how far the EU regime for cross-border investment and investors’ rights under IIAs can be considered comparable, and brings about an extensive analysis of existing agreements of Member States and their compatibility with EU law, with detailed investigation of how the potentially conflicting obligations of Member States under the two regimes can be reconciled. The book covers such elements of the debate as the following: • ‘standards of treatment’ under IIAs; • investment-related provisions of EU law; • dispute settlement mechanisms and the conduct of investment disputes; • how recent controversies over bilateral investment treaties (BITs) shape emerging EU international investment policy; • effect of political and institutional interests; • transitional arrangements for BITs between Member States and third countries established by Regulation 1219/2012; • CJEU decisions concerning BITs concluded between EU Member States and third countries; • significant arbitral awards involving intra-EU BITs; • allocation of international responsibility for breaches of investors’ rights; • intra-EU dimension of the Energy Charter Treaty (ECT); • possibilities for review of arbitral awards by courts of Member States; • desirability of international protection of foreign investment in developed countries; and • role of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) The author provides a number of well-grounded recommendations, taking into account throughout the legitimate interests and expectations of individual investors. As an invaluable commentary on developments related to the interplay between international investment law and EU law, and a guide to ameliorating the tensions and controversies surrounding this relationship, this book will appeal to a wide variety of readers. The questions dealt with are faced not only by negotiators and others involved in policymaking in the area of foreign investment, but also by specialists in international investment law, investment arbitration, EU international relations law, and anyone involved in cross-border law, as well as others who encounter these questions in the course of their professional or academic activities.

Shifting Paradigms in International Investment Law

Steffen Hindelang,Markus Krajewski
Shifting Paradigms in International Investment Law Book PDF

Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 430 pages
File Size : 47,8 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191058288

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Shifting Paradigms in International Investment Law by Steffen Hindelang,Markus Krajewski Pdf

International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

International Investment Law and EU Law

Marc Bungenberg,Joern Griebel,Steffen Hindelang
International Investment Law and EU Law Book PDF

Author : Marc Bungenberg,Joern Griebel,Steffen Hindelang
Publisher : Springer Science & Business Media
Page : 207 pages
File Size : 43,5 Mb
Release : 2011-01-18
Category : Law
ISBN : 9783642148552

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International Investment Law and EU Law by Marc Bungenberg,Joern Griebel,Steffen Hindelang Pdf

The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.

EU Human Rights, International Investment Law and Participation

Vivian Kube
EU Human Rights International Investment Law and Participation Book PDF

Author : Vivian Kube
Publisher : Springer
Page : 329 pages
File Size : 47,9 Mb
Release : 2019-08-02
Category : Law
ISBN : 9783030206079

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EU Human Rights, International Investment Law and Participation by Vivian Kube Pdf

This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.

EU Law and International Investment Arbitration

Michael De Boeck
EU Law and International Investment Arbitration Book PDF

Author : Michael De Boeck
Publisher : BRILL
Page : 525 pages
File Size : 45,6 Mb
Release : 2022-07-04
Category : Law
ISBN : 9789004501652

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EU Law and International Investment Arbitration by Michael De Boeck Pdf

EU Law and International Investment Arbitration thoroughly examines the compatibility of ISDS provisions in extra-EU BITs and the Energy Charter Treaty with the autonomy of EU law, and is a must read for all magistrates and investment practitioners involved in investment arbitrations in or with the EU, as well as for academics interested in the participation of the EU to international dispute resolution or the constitutional construction of the EU judicial system.

Sustainable Development in EU Foreign Investment Law

Stefanie Schacherer
Sustainable Development in EU Foreign Investment Law Book PDF

Author : Stefanie Schacherer
Publisher : BRILL
Page : 473 pages
File Size : 47,6 Mb
Release : 2021-08-24
Category : Law
ISBN : 9789004465886

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Sustainable Development in EU Foreign Investment Law by Stefanie Schacherer Pdf

Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.

Permanent Investment Courts

Güneş Ünüvar,Joanna Lam,Shai Dothan
Permanent Investment Courts Book PDF

Author : Güneş Ünüvar,Joanna Lam,Shai Dothan
Publisher : Springer Nature
Page : 156 pages
File Size : 46,8 Mb
Release : 2020-09-17
Category : Law
ISBN : 9783030456849

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Permanent Investment Courts by Güneş Ünüvar,Joanna Lam,Shai Dothan Pdf

This special issue focuses on the opportunities and challenges connected with investment courts. The creation of permanent investment courts was first proposed several decades ago, but it has only recently become likely that these proposals will be implemented. In particular, the European Commission has pushed for a court-like mechanism to resolve investment disputes in various recent trade and investment negotiations. Such a framework was included in some free trade agreements (FTAs) and investment protection agreements (IPAs) the European Union (EU) signed or negotiated with Vietnam, Singapore, Mexico and Canada. While it was shelved long before the publication of this Special Issue, the European Commission had also formally proposed a court system during the negotiations for the Transatlantic Trade and Investment Partnership (TTIP) agreement with the United States. The issue of a Multilateral Investment Court (MIC) has also been prevalent at the Working Group III proceedings of the UNCITRAL on investor-State dispute settlement reform, attracting scholarly and public attention.Will these developments lead to the creation of permanent investment courts? How will such courts change the future of international investment law? Will they bring about a real institutional change in adjudicatory mechanisms? Will they introduce a 'hybrid' system, which borrows important characteristics from both arbitration and institutional methods of international adjudication? How will the enforcement mechanisms work, and under which rules of ethics will its adjudicators function and exercise their duties? This special issue brings together leading scholars sharing a common interest in investment courts to address these questions.

International Investment Law and EU Law

Marc Bungenberg,Joern Griebel,Steffen Hindelang
International Investment Law and EU Law Book PDF

Author : Marc Bungenberg,Joern Griebel,Steffen Hindelang
Publisher : Springer
Page : 200 pages
File Size : 48,8 Mb
Release : 2011-01-12
Category : Law
ISBN : 3642148549

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International Investment Law and EU Law by Marc Bungenberg,Joern Griebel,Steffen Hindelang Pdf

The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.

International Investment Protection within Europe

Julien Berger
International Investment Protection within Europe Book PDF

Author : Julien Berger
Publisher : Routledge
Page : 255 pages
File Size : 54,8 Mb
Release : 2020-11-24
Category : Business & Economics
ISBN : 9781000227062

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International Investment Protection within Europe by Julien Berger Pdf

The steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This has resulted in the EU’s assertion of control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and by opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, the book offers an in-depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, i.e. investments undertaken by an investor from one EU Member State within the territory of another EU Member State. It specifically analyses the conflict between the two investment protection regimes applicable within the EU with a particular emphasis on the compatibility of the international legal instruments with the law of the European Union. The book thereby addresses the more general question of the relationship between EU law and international law and offers a conceptual framework of intra-European investment protection based on the analysis of all intra-EU BITs, the Energy Charter Treaty and EU law, as well as the arbitral practice in over 180 intra-EU investor-State arbitration proceedings. Finally, the book develops possible solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union.

The European Union and International Investment Law

Francesco Montanaro
The European Union and International Investment Law Book PDF

Author : Francesco Montanaro
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 2023
Category : European Union
ISBN : 1509963839

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The European Union and International Investment Law by Francesco Montanaro Pdf

This book explores the interaction between the EU and international investment law, both at the internal level, namely within the EU internal market, and at the external level, i.e. in the context of its relations with third States. The joint treatment of these dimensions reveals that the EU has assumed an ostensibly ambivalent attitude towards international investment law. At the internal level, it has consistently asserted that intra-EU international investment agreements (IIAs) are not compatible with EU law and advocated their termination. At the external level, by contrast, it has eagerly deployed IIAs to develop its post-Lisbon international investment policy. The book finds that beneath this apparent ambivalence towards international investment law ultimately lies the EU's attempt to impose, both internally and externally, its own original model of regulation of cross-border investment. It then argues that the EU adopted this approach with a view to supporting its internal market, enhancing its external influence, and, ultimately, pursuing long-term 'federal aspirations'. Finally, the book identifies the legal and political obstacles that have curtailed the EU's efforts at both the internal and the external level.

Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA)

Makane Moïse Mbengue,Stefanie Schacherer
Foreign Investment Under the Comprehensive Economic and Trade Agreement CETA Book PDF

Author : Makane Moïse Mbengue,Stefanie Schacherer
Publisher : Springer
Page : 370 pages
File Size : 53,7 Mb
Release : 2018-12-07
Category : Law
ISBN : 9783319983615

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Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) by Makane Moïse Mbengue,Stefanie Schacherer Pdf

This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection. It first provides background information on the Comprehensive Economic and Trade Agreement (CETA), particularly focusing on the chapter on foreign investment, including the rules on the entry of investments, their protection and the stringent dispute settlement mechanism. It goes on to explore whether these provisions are a further step toward reforming the current international investment law regime. It also examines the highly innovative part of the agreement: the inclusion of crosscutting issues, such as sustainable development. In addition, it examines the CETA investment chapter from the perspective of non-contracting parties, including Africa, Asia and Latin America. The book is of interest to academics and students in the field of international investment law. It is also an essential resource for government legal advisers, policymakers, business practitioners, and others dealing with international investment law.

EU External Action in International Economic Law

Mads Andenas,Luca Pantaleo,Matthew Happold,Cristina Contartese
EU External Action in International Economic Law Book PDF

Author : Mads Andenas,Luca Pantaleo,Matthew Happold,Cristina Contartese
Publisher : Springer Nature
Page : 340 pages
File Size : 44,5 Mb
Release : 2020-09-25
Category : Law
ISBN : 9789462653917

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EU External Action in International Economic Law by Mads Andenas,Luca Pantaleo,Matthew Happold,Cristina Contartese Pdf

The topic of this book is the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor. The book is aimed at academics, practitioners and graduate students as well as at EU officials and judges, all of whom should find the subject matter discussed useful for keeping updated on a scholarly discussion of relevance to case law. Mads Andenas is Professor of Law at the Faculty of Law of the University of Oslo in Norway. Luca Pantaleo is Doctor of Law and Senior Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. Matthew Happold is Professor of Law at the Université du Luxembourg in Luxembourg. Cristina Contartese is Lecturer in Law at the European Law and Governance School in Athens, Greece.