International Investment Law and EU Law

ISBN-13: 9783642148545 / Angielski / Twarda / 2011 / 200 str.

Marc Bungenberg; Joern Griebel; Steffen Hindelang

Opis

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.

Recenzje

From the reviews:

"The book is interesting and deals with the main new legal issues of the Common Commercial Policy as amended by the entry into force of the Lisbon Treaty and also with its consequences in regard to international investment law. It will prove essential reading for those interested in understanding this fundamental area of EU law." (Riccardo Sciaudone, European Civil Law Observatory, eclo.eu, November, 2013)

Spis treści

S. Hindelang, N. Maydell: The EU’s Common Investment Policy – Connecting the Dots Origins, Trends, and Perspectives.- M. Bungenberg: The Division of Competences between the EU and its Member States in the Area of Investment Politics.- A. Reinisch: The Division of Powers between the EU and its Member States “after Lisbon”.- M. Burgstaller: The Future of Bilateral Investment Treaties of EU Member States.- J.P. Terhechte: Art. 351 TFEU, the Principle of Loyalty and the Future Role of the Member States' Bilateral Investment Treaties.- T.R. Braun: For a Complementary European Investment Protection.- C. Nowak: Legal Arrangements for the Promotion and Protection of Foreign Investments within the Framework of the EU Association Policy and European Neighbourhood Policy.- J. Griebel: The New Great Challenge after the Entry Into Force of the Treaty of Lisbon: Bringing About a Multilateral EU-Investment Treaty.- L. Markert: The Crucial Question of Future Investment Treaties: Balancing Investors’ Rights and Regulatory Interests of Host States.- A. v. Walter: Balancing Investors’ and Host States’ Rights Which Alternatives for Treaty-Makers?

Blurb

The European Yearbook of International Economic Law (EYIEL) is an annual publication in International Economic Law, a field increasingly emancipating itself from Public International Law scholarship and evolving into a fully-fledged academic discipline in its own right. With the yearbook, the editors and publisher intend to make a significant contribution to the development of this "new" discipline and provide an international reference source of the highest possible quality. The EYIEL covers all areas of IEL, in particular WTO Law, External Trade Law of major trading countries, important regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific current topics in International Economic Law. 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.