International investment agreements and EU law

International Investment Agreements and EU Law analyses the competence of the European Union (EU) to conclude investment treaties in the light of the investment protection rules of international investment agreements (IIAs), takes a look at the emerging common European international investment policy, explores how far the two systems of rules, EU law and IIAs, can be considered comparable, and examines various legal questions related to the existing IIAs concluded by the Member States. 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 IIAs and the right of states to pursue legitimate regulation in the public interest. This book further evaluates how the EU, 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. What’s in this book: Among the issues and topics covered are 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 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). This book deals with questions that are faced not only by negotiators and other persons involved in the policymaking in the area of foreign investment but also by individual investors and specialists in international investment law, investment arbitration, EU international relations law, and any other practitioners involved in cross-border law. How this will help you: 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 is relevant and accessible not only to lawyers, specializing on international investment law or EU external economic relations, but also to others who encounter some of the analysed questions in their professional or academic activities. ISBN: 9789041168917

List of Abbreviations CHAPTER 1 International Investment Agreements and EU Law: Introduction CHAPTER 2 Protection of Investment in International Agreements and in EU law CHAPTER 3 EU Investment Agreements CHAPTER 4 IIAs between EU Member States and Third Countries CHAPTER 5 Intra-EU International Investment Agreements CHAPTER 6 Conclusion Bibliography Table of Cases Index