Download or read book International Investment Agreements and EU Law written by Tomas Fecak and published by Kluwer Law International B.V.. This book was released on 2016-09-25 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The European Union and International Investment Law written by Francesco Montanaro and published by Bloomsbury Publishing. This book was released on 2023-03-23 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Law and International Investment Arbitration written by Michael De Boeck and published by BRILL. This book was released on 2022-07-04 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Investment Agreements and Eu Law written by Tomas Fecak and published by Kluwer Law International. This book was released on 2016-10-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. "
Download or read book International Investment Law and the Law of the European Union written by Xaralampos Tagaroulias and published by Kluwer Law International B.V.. This book was released on 2024-07-15 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library The fragility of the relationship between international law and European Union (EU) law comes to the fore when a dispute arises between an EU Member State and a multinational corporate investor. This book analyzes the legislative and jurisprudential backbone affecting both policy and practice in this area, showing in the process how both the autonomy of the EU legal order and the sovereignty of Member States can be strengthened through a common investor protection policy inside the EU with an efficient adjudication mechanism promised by the EU’s “new generation” agreements. With a thorough analysis of the parameters that the Court of Justice of the European Union (CJEU) and investor-State dispute settlement (ISDS) arbitral tribunals have set for the interplay between EU law and international investment law, the following salient issues and topics and more are covered: operation of the EU’s exclusive competence regarding foreign direct investment; EU rules on capital movements related to investments; potential conflicts between EU law and extra-EU bilateral investment treaties; intra-EU bilateral investment treaties viewed from the perspectives of both international and EU law primacy; role of arbitral tribunals in intra-EU dispute settlement and ramifications in the light of applicable law; and problems arising when the lex arbitri in the proceedings is the law of a non-EU state. The relevant jurisprudence of the CJEU is analyzed against ISDS case law, and detailed attention is paid to scholarship in the relevant fields. The author presents substantial and procedural solutions that will prevent the violation of EU law without sacrificing the substantial protection that arbitration provides for the protection of investments. The book goes largely beyond existing literature and is the first to jointly address EU law, international investment law, and integration theories with actionable solutions. It will allow all concerned with international judicial decision-making to acquire an arsenal of available normative responses to issues raised by EU law’s autonomy, primacy of EU law, EU competences, international EU responsibility, compatibility of ISDS with EU law, and other issues, addressing all the challenges likely to be raised in arbitral or court proceedings. Practitioners will discover viable ways to identify, prevent, or resolve legal impasses stemming from the overlap of EU law and other international law regimes when structuring an investment inside the EU.
Download or read book International Investment Law and EU Law written by Marc Bungenberg and published by Springer Science & Business Media. This book was released on 2011-01-18 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Foreign Investment Law written by Angelos Dimopoulos and published by Oxford University Press. This book was released on 2011-12-08 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation of foreign investment is one of the most topical and controversial subjects in EU law and international investment law. This book examines the legal foundations upon which EU investment policy is based, addressing the legal, practical, and political concerns created by the establishment of a common investment policy.
Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-22 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The European Union and International Investment Law Reform written by Ivana Damjanovic and published by Cambridge University Press. This book was released on 2023-06-30 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the ways in which the EU is reforming the field of international investment law.
Download or read book Sustainable Development in EU Foreign Investment Law written by Stefanie Schacherer and published by BRILL. This book was released on 2021-08-24 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Law and International Investment Arbitration written by Michael De Boeck and published by Nijhoff Studies in European Un. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Law and International Investment Arbitrationthoroughly 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.
Download or read book EU Human Rights International Investment Law and Participation written by Vivian Kube and published by Springer. This book was released on 2019-08-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Responsibility of the EU and the Member States under EU International Investment Protection Agreements written by Philipp Theodor Stegmann and published by Springer. This book was released on 2019-01-24 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive portrait of how international responsibility of the EU and the Member States is structured under the EU’s international investment protection agreements. It analyses both the old regime as represented by the Energy Charter Treaty and the new regime as represented by the new EU investment treaties, such as CETA, TTIP, the EU-Singapore Agreement and the EU-Vietnam Agreement. The international responsibility of the EU, being a “special” international organisation, is in and of itself an important and challenging topic in public international law. However, in the context of international investment law, and especially with regard to the emerging new EU investment treaties, the topic is largely unexplored and represents new terrain. The book promotes the development of law in this area and provide a springboard for further research. The book puts forth the thesis that the determination of the EU or a Member State as respondent in a dispute under the new EU investment treaties has a substantive effect on the respondent’s international responsibility. The international law effects of the respondent determination will surely be one of the central topics in future debates on the new EU investment treaties. The book further compares the EU regulation that allocates financial burdens between the EU and the Member States arising out of international investment disputes with the only other genuinely existing allocation system in federal states to date, namely that of Germany. The book finally reveals many shortcomings of the new EU responsibility regime in international investment law and provides some suggestions on how they can best be remedied.
Download or read book Improving International Investment Agreements written by Armand De Mestral and published by Routledge. This book was released on 2013-02-11 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
Download or read book The European Union and International Investment Law written by Francesco Montanaro and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Foreign Investment Law written by Angelos Dimopoulos and published by OUP Oxford. This book was released on 2011-12-08 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of foreign investment represents one of the most topical and controversial subjects in European Union law and international investment law. EU foreign investment law is emerging as a critically important issue, particularly since the introduction of EU competence over foreign direct investment after the Lisbon Treaty and the recent successful challenge of the compatibility of Member States Bilateral Investment Treaties with EU law. Within this framework, the book sets out to identify whether and to what extent the EU has become an international actor in the field of foreign investment. Exploring the existing legal framework on the scope and exercise of EU competence and its legal effects, it examines the foundations upon which EU investment policy is based and will be based in the future. The book addresses questions relating to the definition of foreign investment; the scope of EU competences; the exercise of EU powers; the substantive content of existing and future EU International Investment Agreements; and the objectives of EU investment policy and its EU law effects. From this grounding, the study widens to scrutinize the influence that the EU exerts on international law and regulation of foreign investment. Paying careful attention to the substantive content and orientation of EU International Investment Agreements, the book takes a comparative approach to the content of Bilateral Investment Treaties, as well as to the ramifications of EU foreign investment regulation for international law, especially with regard to the EU's international responsibility. Taking into account the recent developments in the field, this book provides the first comprehensive treatment of the legal, practical, and political concerns that the creation of an EU common investment policy creates.
Download or read book The Participation of the EU in International Dispute Settlement written by Luca Pantaleo and published by Springer. This book was released on 2018-10-22 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a foreword by Prof. Paolo Palchetti The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: • Provides an up-to-date analysis of a current problem• The topic of the book is located at the intersection between international and EU law• Fills an important gap in the available literature
