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International Investment Law and EU 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.
The EU as a Global Actor - Bridging Legal Theory and Practice
This important collection, edited by Jenő Czuczai and Frederik Naert, covers the key areas of EU external relations law and broader institutional dimensions and principles of Union law. It does so under five headings - institutional dimensions; principles of Union law and legal theory; international law aspects; specific EU external policies (the Common Foreign and Security Policy; the Common Commercial Policy; and Justice and Home Affairs); and EU international agreements. Well-established academics and experienced practitioners from the different EU institutions offer a unique insight into EU practice and academic analysis of the most pertinent legal issues of the post-Lisbon legal environment of the EU, in particular in the external relations area. The contributors are: Paul Berman, Michael Bishop, Thérèse Blanchet, Sonja Boelaert, Marise Cremona, Jenő Czuczai, Álvaro de Elera, Bart Driessen, Frank Hoffmeister, Pieter-Jan Kuijper, Hubert Legal, Gilles Marhic, Stephan Marquardt, Frederik Naert, Esa Paasivirta, Ricardo Passos, Ingolf Pernice, Allan Rosas, Ivan Smyth, Christiaan Timmermans, and Dirk Wouters.
Australia, the European Union and the New Trade Agenda
Australia (together with New Zealand) is one of the few Organisation for Economic Co-operation and Development (OECD) countries with which the EU does not have a comprehensive trade agreement. Australia and the EU are entering a new phase in the bilateral relationship, and the push towards a potential trade agreement has been steadily gaining momentum. This collection brings together diverse and deeply practical contributions to the forthcoming policy debate on the Australia–EU Free Trade Agreement (FTA), highlighting potential points of difficulty and possible gains from the agreement. This book makes two further contributions: it adds to the body of work reappraising the contemporary Aus...
The Crisis of Multilateral Legal Order
Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs. The signs of the crisis have been visible for som...
Yearbook on International Investment Law & Policy 2010-2011
The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.
Yearbook on International Investment Law & Policy 2011-2012
The Yearbook on International Investment Law & Policy 2011-2012 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). This edition also discusses regulatory and policy developments regarding FDIs in extractive industries.
Rethinking the Relationship between International, EU and National Law
In view of the 'European sovereignty,' Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say.
Sustainable Development in International Law Making and Trade
This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.
International Investment Law and the Law of the European Union
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...
The Asian Turn in Foreign Investment
Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement.
