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Eu Trade And Investment Treaty Making Post Lisbon
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Book Synopsis EU Trade and Investment Treaty-Making Post-Lisbon by : Gesa Kübek
Download or read book EU Trade and Investment Treaty-Making Post-Lisbon written by Gesa Kübek and published by Bloomsbury Publishing. This book was released on 2024-06-27 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
Download or read book Beyond Mixity written by Gesa Kübek and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EU Trade and Investment Treaty-Making Post-Lisbon by : Gesa Kübek
Download or read book EU Trade and Investment Treaty-Making Post-Lisbon written by Gesa Kübek and published by Bloomsbury Publishing. This book was released on 2024-06-27 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
Book Synopsis EU Trade and Investment Treaty-Making Post-Lisbon by : Gesa Kübek
Download or read book EU Trade and Investment Treaty-Making Post-Lisbon written by Gesa Kübek and published by Bloomsbury Publishing. This book was released on 2024-06-27 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
Book Synopsis EU External Action in International Economic Law by : Mads Andenas
Download or read book EU External Action in International Economic Law written by Mads Andenas and published by Springer Nature. This book was released on 2020-09-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of this book is the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor. The book is aimed at academics, practitioners and graduate students as well as at EU officials and judges, all of whom should find the subject matter discussed useful for keeping updated on a scholarly discussion of relevance to case law. Mads Andenas is Professor of Law at the Faculty of Law of the University of Oslo in Norway. Luca Pantaleo is Doctor of Law and Senior Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. Matthew Happold is Professor of Law at the Université du Luxembourg in Luxembourg. Cristina Contartese is Lecturer in Law at the European Law and Governance School in Athens, Greece.
Book Synopsis International Investment Law and the Law of the European Union by : Xaralampos Tagaroulias
Download or read book International Investment Law and the Law of the European Union written by Xaralampos Tagaroulias and published by Kluwer Law International B.V.. This book was released on 2024-07-15 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 European Union (CJEU) and investor-State dispute settlement (ISDS) arbitral tribunals have set for the interplay between EU law and international investment law, the following salient issues and topics and more are covered: operation of the EU’s exclusive competence regarding foreign direct investment; EU rules on capital movements related to investments; potential conflicts between EU law and extra-EU bilateral investment treaties; intra-EU bilateral investment treaties viewed from the perspectives of both international and EU law primacy; role of arbitral tribunals in intra-EU dispute settlement and ramifications in the light of applicable law; and problems arising when the lex arbitri in the proceedings is the law of a non-EU state. The relevant jurisprudence of the CJEU is analyzed against ISDS case law, and detailed attention is paid to scholarship in the relevant fields. The author presents substantial and procedural solutions that will prevent the violation of EU law without sacrificing the substantial protection that arbitration provides for the protection of investments. The book goes largely beyond existing literature and is the first to jointly address EU law, international investment law, and integration theories with actionable solutions. It will allow all concerned with international judicial decision-making to acquire an arsenal of available normative responses to issues raised by EU law’s autonomy, primacy of EU law, EU competences, international EU responsibility, compatibility of ISDS with EU law, and other issues, addressing all the challenges likely to be raised in arbitral or court proceedings. Practitioners will discover viable ways to identify, prevent, or resolve legal impasses stemming from the overlap of EU law and other international law regimes when structuring an investment inside the EU.
Book Synopsis Competence to conclude international investment agreements - Exclusive to the European Union or vested in Member States? by : Thomas Obersteiner
Download or read book Competence to conclude international investment agreements - Exclusive to the European Union or vested in Member States? written by Thomas Obersteiner and published by GRIN Verlag. This book was released on 2010-12-20 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Investment Agreements and EU Law by : Tomas Fecak
Download or read book International Investment Agreements and EU Law written by Tomas Fecak and published by Kluwer Law International B.V.. This book was released on 2016-09-25 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis EU External Relations Law and Policy in the Post-Lisbon Era by : Paul James Cardwell
Download or read book EU External Relations Law and Policy in the Post-Lisbon Era written by Paul James Cardwell and published by Springer Science & Business Media. This book was released on 2011-11-17 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of works which considers the many different facets of the EU’s increasingly important engagement with the world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the ‘pillar’ structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of ‘internal’ security. Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.
Book Synopsis Impact of the Treaty of Lisbon on International Trade and Investment Policy of the EU by : Juraj Petrík
Download or read book Impact of the Treaty of Lisbon on International Trade and Investment Policy of the EU written by Juraj Petrík and published by . This book was released on 2014 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Gültigkeit des Vertrag von Lissabon war ein wichtiger Schritt für die Europäische Union. Neben viele andere Veränderungen, wie die Erstellung die Position des Präsidenten des Europarat und des Hohe Vertreter der Union für Aussen- und Sicherheitspolitik , brachte es auch vielsagende Veränderungen im internationalen Handel der EU und der Investitionspolitik. Dazu gehören zum Beispiel eine verstärkte Rolle für das Europäische Parlament in Handelsverhandlungen oder die Einbeziehung der ausländischen Direktinvestitionen in die ausschließliche Kompetenz der EU. Das bedeutet, dass in der Realität ihre Mitgliedstaaten ihre eigenen Bilateralen Investitionsabkommen mit anderen Ländern nicht zu schließen können, aber die Union wird es für seine 27 Mitglieder als Ganzes zu machen. Von diese Kompetenzzentralisierung wird erwartet, dass sie den grosser Einfluss im Vergleichen mit andere globale Handelsmächte wie China und USA einbringt und bessere Möglichkeiten und die Schützung des Gesellschaft in die Euröpische Union herstellen.*****The entry into force of the Treaty of Lisbon was an important move to make for the European Union. Among many other changes such as creating the positions of the President of the European Council and High Representative for Foreign Affairs, it also brought significant changes in the EUs international trade and investment policy. These include, for example, an increased role for the European Parliament in trade negotiations or inclusion of the foreign direct investment under the exclusive competence of the EU. This in reality means that its member states will no longer be able to conclude their own bilateral investment agreements with other countries but the Union will do it for its 27 members as a whole. This centralization of competences is expected to bring increased influence in comparison with other major global trading powers such as the United States or China and to create better opportunities and protection for the businesses from the European Union.
Book Synopsis EU External Relations Post-Lisbon by :
Download or read book EU External Relations Post-Lisbon written by and published by BRILL. This book was released on 2020-07-13 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume brings together academics and practitioners from across the EU to address the question of ‘facultative mixity’ in the EU’s external relations, i.e. the situation whereby both the EU and its Member States enter into an international agreement with a third country even if legally the EU could act on its own.
Book Synopsis EU Trade and Investment Policy Since the Treaty of Lisbon by :
Download or read book EU Trade and Investment Policy Since the Treaty of Lisbon written by and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Practice of the Common Commercial Policy by : Michael Hahn
Download or read book Law and Practice of the Common Commercial Policy written by Michael Hahn and published by Studies in Eu External Relatio. This book was released on 2020-12-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)'s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law."
Download or read book Taking Stock written by David Kleimann and published by . This book was released on 2011 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first 16 months of the EU's common commercial policy (CCP) in the post-Lisbon period provide indicative insights into how the European Parliament, the European Commission and the Council of Ministers interpret their respective roles under the new legal framework introduced by the Lisbon Treaty. This paper analyses the amendments, the institutional capacities to respond to the reform challenges and the evolving institutional balance applying to Lisbon-era common commercial policy. Against this backdrop, the paper gives an overview of the changing dynamics of EU trade and investment policy in a context of enhanced politicization resulting from the European Parliament's involvement in the decision-making process. Particular importance is given to the question whether enhanced EP involvement in decision-making has the potential to lead to a scenario resembling the policy process in the United States, where congressional responsibility for trade and investment policy has resulted in the capture of the policy agenda by special interest groups and snail-paced policy progress (if any) in recent years. Accordingly, the paper scrutinizes the political preferences that the European Parliament is introducing into current European trade policy debates as well as the framework legislation and trade agreements. Finally, it is argued that parliamentary involvement in making common commercial policy has the potential to narrow the gap between European public political preferences and perceptions, on the one hand, and actual EU trade policies on the other, and to place EU trade and investment policies on a foundation of renewed public political support. In the author's view, however, it is imperative that such an achievement is based on well-informed, responsible, sustainable and clearly communicated policy proposals from the MEPs, who respond to and seek to balance the multiplicity of interests of CCP stakeholders in European civil society and respect the Unions international obligations.
Book Synopsis Sustainable Development in EU Foreign Investment Law by : Stefanie Schacherer
Download or read book Sustainable Development in EU Foreign Investment Law written by Stefanie Schacherer and published by BRILL. This book was released on 2021-08-24 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.
Book Synopsis China, the EU and International Investment Law by : Yuwen Li
Download or read book China, the EU and International Investment Law written by Yuwen Li and published by Routledge. This book was released on 2019-11-11 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.
Book Synopsis The Lisbon Treaty by : Stefan Griller
Download or read book The Lisbon Treaty written by Stefan Griller and published by Springer. This book was released on 2008-08-27 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immediately after the rejection of the Constitutional Treaty in France and in the Netherlands, I was tempted not to comply with a contract according to which I was expected to write on the Eu- pean Constitution within a very close deadline. “What is the sense of it now?” I tried to argue. “I cannot be obliged by a contract wi- out an object”. I was wrong at that time and we would be equally wrong now, should we read the Irish vote on the Lisbon Treaty and the Lisbon Treaty itself as the dead end for European constitutionalism. Let us never forget that the text rejected in May 2005 was not the founding act of such constitutionalism. To the contrary, it was nothing more than a remarkable passage in a long history of constitutional dev- opments that have been occurring since the early years of the Eu- pean Community. All of us know that the Court of Justice spoke of a European constitutional order already in 1964, when the primacy of Community law was asserted in the areas conferred from the States to the European jurisdiction. We also know that in the pre- ous year the Court had read in the Treaty the justiciable right of any European citizen to challenge her own national State for omitted or distorted compliance with European rules.
