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EU Trade and Investment Treaty-Making Post-Lisbon
Author: Gesa Kübek
Publisher: Bloomsbury Publishing
Published: 2024-06-27
Total Pages: 289
ISBN-13: 1509964657
DOWNLOAD EBOOK →This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
EU Trade and Investment Treaty-Making Post-Lisbon
Author: Gesa Kübek
Publisher: Bloomsbury Publishing
Published: 2024-06-27
Total Pages: 289
ISBN-13: 1509964630
DOWNLOAD EBOOK →This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
International Investment Law and the Law of the European Union
Author: Xaralampos Tagaroulias
Publisher: Kluwer Law International B.V.
Published: 2024-07-15
Total Pages: 347
ISBN-13: 9403507187
DOWNLOAD EBOOK →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.
EU External Action in International Economic Law
Author: Mads Andenas
Publisher: Springer Nature
Published: 2020-09-25
Total Pages: 340
ISBN-13: 9462653917
DOWNLOAD EBOOK →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.
Competence to conclude international investment agreements - Exclusive to the European Union or vested in Member States?
Author: Thomas Obersteiner
Publisher: GRIN Verlag
Published: 2010-12-20
Total Pages: 34
ISBN-13: 3640781716
DOWNLOAD EBOOK →Diploma Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: Sehr Gut (Very Good), 1, University of Vienna (Institut für Europarecht, Internationales Recht und Rechtsvergleichung), course: Diploma-Seminar in European Union Law, language: English, abstract: The scope of the new Common Commercial Policy covers competence to conclude general obligations on the liberalization of capital transfer with relation to FDI and establishment. It is not limited to the market access phase. However, provisions concerning portfolio investment and minority participations in enterprises are not covered. It remains uncertain whether the new wording enables the EU to include policies to protect against expropriation and dispute-settlement clauses in its agreements. Although the Reform Treaty confers considerable competences to the EU, major parts of common Bilateral Investment Treaties do not fall within the scope of the new CCP. Hence, the Member States may continue to conclude their own specific agreements while the EU obtains more flexibility in negotiations and strengthens its position on the international scene. Additionally, the Lisbon Treaty slightly strengthens the power of the European Parliament.
International Investment Agreements and EU Law
Author: Tomas Fecak
Publisher: Kluwer Law International B.V.
Published: 2016-09-25
Total Pages: 600
ISBN-13: 9041168931
DOWNLOAD EBOOK →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.
Impact of the Treaty of Lisbon on International Trade and Investment Policy of the EU
Author: Juraj Petrík
Publisher:
Published: 2014
Total Pages: 80
ISBN-13:
DOWNLOAD EBOOK →Das Gültigkeit des Vertrag von Lissabon war ein wichtiger Schritt für die Europäische Union. Neben viele andere Veränderungen, wie die Erstellung die Position des Präsidenten des Europarat und des Hohe Vertreter der Union für Aussen- und Sicherheitspolitik , brachte es auch vielsagende Veränderungen im internationalen Handel der EU und der Investitionspolitik. Dazu gehören zum Beispiel eine verstärkte Rolle für das Europäische Parlament in Handelsverhandlungen oder die Einbeziehung der ausländischen Direktinvestitionen in die ausschließliche Kompetenz der EU. Das bedeutet, dass in der Realität ihre Mitgliedstaaten ihre eigenen Bilateralen Investitionsabkommen mit anderen Ländern nicht zu schließen können, aber die Union wird es für seine 27 Mitglieder als Ganzes zu machen. Von diese Kompetenzzentralisierung wird erwartet, dass sie den grosser Einfluss im Vergleichen mit andere globale Handelsmächte wie China und USA einbringt und bessere Möglichkeiten und die Schützung des Gesellschaft in die Euröpische Union herstellen.*****The entry into force of the Treaty of Lisbon was an important move to make for the European Union. Among many other changes such as creating the positions of the President of the European Council and High Representative for Foreign Affairs, it also brought significant changes in the EUs international trade and investment policy. These include, for example, an increased role for the European Parliament in trade negotiations or inclusion of the foreign direct investment under the exclusive competence of the EU. This in reality means that its member states will no longer be able to conclude their own bilateral investment agreements with other countries but the Union will do it for its 27 members as a whole. This centralization of competences is expected to bring increased influence in comparison with other major global trading powers such as the United States or China and to create better opportunities and protection for the businesses from the European Union.
EU External Relations Law and Policy in the Post-Lisbon Era
Author: Paul James Cardwell
Publisher: Springer Science & Business Media
Published: 2011-11-17
Total Pages: 439
ISBN-13: 9067048232
DOWNLOAD EBOOK →This is a collection of works which considers the many different facets of the EU’s increasingly important engagement with the world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the ‘pillar’ structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of ‘internal’ security. Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.
EU External Relations Post-Lisbon
Author:
Publisher: BRILL
Published: 2020-07-13
Total Pages: 469
ISBN-13: 900442198X
DOWNLOAD EBOOK →The volume brings together academics and practitioners from across the EU to address the question of ‘facultative mixity’ in the EU’s external relations, i.e. the situation whereby both the EU and its Member States enter into an international agreement with a third country even if legally the EU could act on its own.
