Competence To Conclude International Investment Agreements Exclusive To The European Union Or Vested In Member States
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Competence To Conclude International Investment Agreements Exclusive To The European Union Or Vested In Member States
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Author : Thomas Obersteiner
language : en
Publisher: GRIN Verlag
Release Date : 2010-12-20
Competence To Conclude International Investment Agreements Exclusive To The European Union Or Vested In Member States written by Thomas Obersteiner and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-20 with Law categories.
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
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Author : Tomas Fecak
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-09-25
International Investment Agreements And Eu Law written by Tomas Fecak and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-25 with Law categories.
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.
The New Eu Competence For Foreign Direct Investment Legal Questions Of Its Implementation
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Author : Sebastien Meilinger
language : en
Publisher:
Release Date : 2016-07-13
The New Eu Competence For Foreign Direct Investment Legal Questions Of Its Implementation written by Sebastien Meilinger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-13 with categories.
Seminar paper from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0 (A), Diplomatic Academy of Vienna - School of International Studies (International Law and EU Law), course: External Economic Relations and Foreign Policy of the European Union, language: English, abstract: The aim of this seminar paper will be to firstly give an overview of the role of investment treaties in general, followed by a retrospective on the legal situation of the foreign direct investments (FDI) prior the Treaty of Lisbon (TOL) and an analysis of the current legal framework. Based on primary and secondary sources, the scope of the Union's exclusive FDI competence of Art. 206/207 TFEU will be inquired as well as questions of legal implementation centred on the issue of financial responsibility within ISDS. By addressing the legal status of the Bilateral Investment Treaties (BIT) concluded by MS the legal basis is set to analyse the Austrian Nigerian Agreement for the Promotion and Protection of Investment which was authorized by the Commission (COM)and concluded by the Republic of Austria in 2013. In this context it will be interesting to assess the potential for the template of this agreement to become a kind of EU-third country model BIT to be concluded by the Union and to which extent the content of the agreement would be covered by the Unions FDI competence. With the entering into force of the TOL the European Union was massively changed in order to take on the challenges that lie ahead in the future. Among many of those institutional changes, the powers of the Union in the field of investments have been enlarged, with FDI now being part of the Common Commercial Policy (CCP). The motivation for such a an empowerment is manifold, reaching from FDI attraction and facilitation both important for European economic growth, the establishment of a level playing field for investors, to the beneficial effect of an increased negotiation lev
Attribution In International Investment Law
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Author : Csaba Kovács
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-08-20
Attribution In International Investment Law written by Csaba Kovács and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-20 with Law categories.
The term ‘attribution’ refers to the means by which it is ascertained whether the State is involved in a dispute governed by international law. The notion of attribution is primarily used to determine if the State is responsible for the wrongful conduct of persons or entities with links to the State. In the context of international investment law, the exponentially growing arbitration jurisprudence arising from international investment agreements (IIAs), especially bilateral investment treaties (BITs), reflects the extent and risk of attribution determined in investment relationships that often involve State enterprises. This book, the first in-depth study of the uses of attribution in international investment law, provides a deeply informed analysis of the treatment of attribution in applicable legal instruments and investment arbitration jurisprudence worldwide. The analysis responds to such questions as the following: - When is a conduct attributable to the State for the purposes of its responsibility under international investment law? - What legal instruments govern the question of attribution under international investment law? - In what circumstances is the State the proper party to a contract entered into by a State-owned enterprise with an investor protected by an investment treaty? - How can State policymakers minimise their international law responsibility within the existing framework of attribution in international investment law? - How can investors maximise their protection within the existing framework of attribution in international investment law? Also covered are the procedural treatment of attribution by investment tribunals, explication of such broad-brush wordings as ‘elements of governmental authority’ and ‘under the direction or control’, and the impact of the rise of State-owned enterprises as investors. Ongoing and future trends in the jurisprudence are also taken into account. A one-stop reference on the question of attribution in international investment law, the analysis extracts identifiable commonalities among instruments and rulings, turning them into useful practice tools. This book will prove invaluable for practitioners advising States or investors in investment disputes. More generally, this book will be welcomed by arbitrators, in-house counsel for companies doing transnational business and international arbitration centres, as well as by academics in international arbitration.
International Investment Agreements And Eu Law
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Author : Tomas Fecak
language : en
Publisher: Kluwer Law International
Release Date : 2016-10-19
International Investment Agreements And Eu Law written by Tomas Fecak and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-19 with categories.
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. "
Eu Constitutional Law
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Author : Koen Lenaerts
language : en
Publisher: Oxford University Press
Release Date : 2022-01-16
Eu Constitutional Law written by Koen Lenaerts and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-16 with Law categories.
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
The European Union And International Investment Law
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Author : Francesco Montanaro
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-03-23
The European Union And International Investment Law written by Francesco Montanaro and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-23 with Law categories.
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.
International Investment Protection Within Europe
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Author : Julien Berger
language : en
Publisher: Routledge
Release Date : 2020-11-24
International Investment Protection Within Europe written by Julien Berger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-24 with Law categories.
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.
Eu And Investment Agreements
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Author : Marc Bungenberg
language : en
Publisher: Nomos/Hart
Release Date : 2013-03-21
Eu And Investment Agreements written by Marc Bungenberg and has been published by Nomos/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
The transfer of Foreign Direct Investment competence to the EU within the Treaty of Lisbon opened the way for a more coherent EU international investment policy. Two and a half years on, an EU and Investment Agreements conference was convened to assess crucial issues that remain unresolved. This volume, which comprises the papers presented at that conference, focuses on topical and highly-debated issues such as the role of the Member States in the negotiation and conclusion of future EU investment agreements, the inclusion of investor-state dispute settlement provisions in these agreements, and the status of national investment insurance systems in the wake of the Treaty of Lisbon. These are the key topics which pose as yet unresolved questions and challenges that need to be successfully tackled in order for the EU to achieve its goal of a dynamic international investment policy.
Contestation And Polarization In Global Governance
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Author : Michelle Egan
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-01-17
Contestation And Polarization In Global Governance written by Michelle Egan and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-17 with Political Science categories.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. Building a thorough and comprehensive understanding of the limits of the international rules-based liberal order across a variety of issue areas, this topical book highlights how the discourse and values inherent in these long-established political arrangements are now facing a backlash, and how Europe is responding towards it.