The European Union and International Investment Law - The Two Dimensions of an Uneasy Relationship
MONTANARO Francesco
Product details
- Categories: Nouveautés droit, Economic and Monetary Affairs
- Publisher: HART PUBLISHING
- ISBN: 9781509963805
- Publication Date: 23/03/2023
- Binding: Paperback
- Number of pages: 216
- Language: English
Summary
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.
Table of contents
1. Introduction
2. The Role of EU Member States and the EU in the Field of Foreign Investment
3. The Internal Dimension: The Relationship between EU Law and Intra-EU IIAS
4. The External Dimension: The EU as a Player in the Investment Treaty-Making Arena
5. The External and the Internal Dimensions of the EU's Action in the Field of Foreign Investment
Bibliography
Index