Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Eu And Investment Agreements
Download Eu And Investment Agreements full books in PDF, epub, and Kindle. Read online Eu And Investment Agreements ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
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 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 EU and Investment Agreements by : Marc Bungenberg
Download or read book EU and Investment Agreements written by Marc Bungenberg and published by Nomos Verlagsgesellschaft. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Two and a half years on, the EU and Investment Agreement conference was convened to assess crucial issues that remain open. This volume, which comprises the papers presented in the conference, focuses on such topical and highly-debated issues which include the role of the Member States in the negotiation and conclusion of future EU investment agreements, the inclusion of investor-state dispute settlement provisions in these agreements, as well as the status of national investmtent insurance systems in the wake of the Treaty of Lisbon"--Back cover.
Book Synopsis The European Union and International Investment Law by : Francesco Montanaro
Download or read book The European Union and International Investment Law written by Francesco Montanaro and published by Bloomsbury Publishing. This book was released on 2023-03-23 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis EU Foreign Investment Law by : Angelos Dimopoulos
Download or read book EU Foreign Investment Law written by Angelos Dimopoulos and published by Oxford University Press. This book was released on 2011-12-08 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation of foreign investment is one of the most topical and controversial subjects in EU law and international investment law. This book examines the legal foundations upon which EU investment policy is based, addressing the legal, practical, and political concerns created by the establishment of a common investment policy.
Book Synopsis Public Services in EU Trade and Investment Agreements by : Luigi F. Pedreschi
Download or read book Public Services in EU Trade and Investment Agreements written by Luigi F. Pedreschi and published by Springer Nature. This book was released on 2020-05-30 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact of EU trade and investment agreements on public services, a topic that continues to be the subject of heated political debate. It surveys a broad range of EU agreements and provides a comprehensive, up-to-date analysis of the rules and disciplines of such agreements that can affect the provision of public services. Going beyond the existing literature, it asks whether the treatment of public services in EU trade and investment agreements is coherent with the special status of public services in “internal” EU law, specifically internal market law, while also challenging the notion that trade and investment agreements automatically pose serious threats to public services. The book will be of keen interest to legal scholars and students specialising in EU and/or international economic law together with national and international policy-makers. Luigi F. Pedreschi is affiliated to the European University Institute in Florence, Italy, and currently works as a Research Associate at the Robert Schuman Centre for Advanced Studies, also located in Florence.
Book Synopsis EU Law and International Investment Arbitration by : Michael De Boeck
Download or read book EU Law and International Investment Arbitration written by Michael De Boeck and published by BRILL. This book was released on 2022-07-04 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Law and International Investment Arbitration thoroughly examines the compatibility of ISDS provisions in extra-EU BITs and the Energy Charter Treaty with the autonomy of EU law, and is a must read for all magistrates and investment practitioners involved in investment arbitrations in or with the EU, as well as for academics interested in the participation of the EU to international dispute resolution or the constitutional construction of the EU judicial system.
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 New Frontiers for EU Investment Policy by : Marc Bungenberg
Download or read book New Frontiers for EU Investment Policy written by Marc Bungenberg and published by Springer Nature. This book was released on 2024-01-24 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the entry into force of the Treaty of Lisbon in 2009, the EU became a global actor in the field of foreign direct investment. Since then, the field of EU investment policy has been gradually shaped by numerous political changes, judgments and opinions delivered by the Court of Justice of the EU, as well as lively scholarly debate. Today, a clear division between the “internal” and “external” dimensions of EU investment policy has emerged, which constitutes the general topic of this book. Within these dimensions, additional – and sometimes contradictory – facets of the EU’s multi-layered approach to investment protection can be identified. On the one hand, EU investment policy is shifting toward a decentral approach when it comes to substantive standards of investment protection. On the other hand, the EU is following a multilateral approach with regard to procedural innovations in investor-State dispute settlement. In this EYIEL Special Issue, leading experts in the field discuss the latest developments with regard to the above-mentioned dimensions and facets, which reflect new trends and challenges for EU investment policy. Among others, the book discusses the EU’s participation in the reform process for the international investment regime, the emergence of central planning and decentral implementation of EU investment policy, the feasibility of an intra-EU investment court, the protection and enforcement of investment standards under EU law, and the suitability of mediation as an alternative to intra-EU investment arbitration.
Book Synopsis International Investment Law and EU Law by : Marc Bungenberg
Download or read book International Investment Law and EU Law written by Marc Bungenberg and published by Springer. This book was released on 2013-02-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Permanent Investment Courts by : Güneş Ünüvar
Download or read book Permanent Investment Courts written by Güneş Ünüvar and published by Springer Nature. This book was released on 2020-09-17 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue focuses on the opportunities and challenges connected with investment courts. The creation of permanent investment courts was first proposed several decades ago, but it has only recently become likely that these proposals will be implemented. In particular, the European Commission has pushed for a court-like mechanism to resolve investment disputes in various recent trade and investment negotiations. Such a framework was included in some free trade agreements (FTAs) and investment protection agreements (IPAs) the European Union (EU) signed or negotiated with Vietnam, Singapore, Mexico and Canada. While it was shelved long before the publication of this Special Issue, the European Commission had also formally proposed a court system during the negotiations for the Transatlantic Trade and Investment Partnership (TTIP) agreement with the United States. The issue of a Multilateral Investment Court (MIC) has also been prevalent at the Working Group III proceedings of the UNCITRAL on investor-State dispute settlement reform, attracting scholarly and public attention.Will these developments lead to the creation of permanent investment courts? How will such courts change the future of international investment law? Will they bring about a real institutional change in adjudicatory mechanisms? Will they introduce a 'hybrid' system, which borrows important characteristics from both arbitration and institutional methods of international adjudication? How will the enforcement mechanisms work, and under which rules of ethics will its adjudicators function and exercise their duties? This special issue brings together leading scholars sharing a common interest in investment courts to address these questions.
Book Synopsis International Investment Law and EU Law by : Marc Bungenberg
Download or read book International Investment Law and EU Law written by Marc Bungenberg and published by Springer Science & Business Media. This book was released on 2011-01-18 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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. This book was released on 2016-10-19 with total page 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 International Investment Law by : Marc Bungenberg
Download or read book International Investment Law written by Marc Bungenberg and published by Hart Pub Limited. This book was released on 2014-11-30 with total page 2000 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
Book Synopsis The Conclusion and Implementation of EU Free Trade Agreements by : Isabelle Bosse-Platière
Download or read book The Conclusion and Implementation of EU Free Trade Agreements written by Isabelle Bosse-Platière and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing so-called ‘New Generation’ free trade agreements. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints, and addresses contemporary debates and future challenges for EU institutions and Member States.
Book Synopsis Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) by : Makane Moïse Mbengue
Download or read book Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) written by Makane Moïse Mbengue and published by Springer. This book was released on 2018-12-07 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection. It first provides background information on the Comprehensive Economic and Trade Agreement (CETA), particularly focusing on the chapter on foreign investment, including the rules on the entry of investments, their protection and the stringent dispute settlement mechanism. It goes on to explore whether these provisions are a further step toward reforming the current international investment law regime. It also examines the highly innovative part of the agreement: the inclusion of crosscutting issues, such as sustainable development. In addition, it examines the CETA investment chapter from the perspective of non-contracting parties, including Africa, Asia and Latin America. The book is of interest to academics and students in the field of international investment law. It is also an essential resource for government legal advisers, policymakers, business practitioners, and others dealing with international investment law.
Book Synopsis Improving International Investment Agreements by : Armand De Mestral
Download or read book Improving International Investment Agreements written by Armand De Mestral and published by Routledge. This book was released on 2013-02-11 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
