Eu Foreign Investment Law

Author: Angelos Dimopoulos
Editor: Oxford University Press
ISBN: 0199698600
Size: 15,11 MB
Format: PDF, Mobi
Read: 466

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.

International Investment Law And Eu Law

Author: Marc Bungenberg
Editor: Springer Science & Business Media
ISBN: 9783642148552
Size: 14,54 MB
Format: PDF, Mobi
Read: 387

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.

Foreign Investment Law In Central And Eastern Europe

Author: Cheryl Williamson Gray
Editor: World Bank Publications
Size: 11,59 MB
Format: PDF, Docs
Read: 414

Investment Law Within International Law

Author: Freya Baetens
Editor: Cambridge University Press
ISBN: 1107434912
Size: 11,36 MB
Format: PDF, Docs
Read: 271

Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

Shaping The Single European Market In The Field Of Foreign Direct Investment

Author: Philip Strik
Editor: Bloomsbury Publishing
ISBN: 178225384X
Size: 15,40 MB
Format: PDF
Read: 226

The Treaty of Lisbon (2009) has brought foreign direct investment (FDI) within the scope of the European Union's common commercial policy (CCP). In light of this development, this book analyses the internal and external dimension of EU law and policy in the field of FDI. It takes four perspectives: (i) the operation of the internal market mechanism to direct investment; (ii) the implications of the Lisbon amendments to the CCP under Article 207 TFEU for the Union's competence and practice in the field of FDI; (iii) the interaction between EU law and Member States' bilateral investment treaties (BITs) with third countries; (iv) the interplay between EU law and BITs that are currently in force between two Member States (intra-EU BITs). The book focuses on the extent to which the European Union operates as a Single Market for EU and non-EU investors. In doing so, it analyses the EU and international regulatory framework on the admission, treatment and protection of FDI within, to and from the Single European Market. It uses close jurisprudential analysis and examines the context, purpose and evolution of EU legal integration in the field of FDI. It thereby traces the principles underlying the European international economic order in the field of FDI.

China And International Investment Law

Author: Wenhua Shan
Editor: Martinus Nijhoff Publishers
ISBN: 9004279636
Size: 11,52 MB
Format: PDF, ePub, Mobi
Read: 520

The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world.

Foreign Affairs And The Eu Constitution

Author: Robert Schütze
Editor: Cambridge University Press
ISBN: 1107037662
Size: 18,47 MB
Format: PDF, ePub, Docs
Read: 888

Collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

The Free Movement Of Capital And Foreign Direct Investment

Author: Steffen Hindelang
Editor: Oxford University Press
ISBN: 0199572658
Size: 16,37 MB
Format: PDF, ePub
Read: 425

The book deals with one of the key areas of EU law. It explains and analysis in great detail the EC Treaty provisions on free movement of capital. A sound understanding of those provisions will assist, firstly, foreign investors willing to set up or to acquire an undertaking in one of the EU Member States in identifying and fending off protectionist measures of their potential host State by taking recourse to EU law. Such protectionist measures can, for example,take the form of discriminatory tax regimes or restrictive market access policies This study, secondly, will also be useful for EU investors which face discriminatory or restrictive treatment by a Member State due to their investments outside the EU. The study will provide legal advisors,tax consultants but also government officials and lobby groups with the necessary, easy accessible information, including a wide range of reference sources, which is vital to conduct their complex work effectively on behalf of their clients and principals. Furthermore, the study fills a research gap in one of the key areas of EC law and is, therefore, a valuable tool for scholars and advanced students.

Regionalism In International Investment Law

Author: Leon Trakman
Editor: Oxford University Press
ISBN: 019538900X
Size: 13,33 MB
Format: PDF, ePub
Read: 740

Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China. The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues. Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.

The European Court Of Justice And External Relations Law

Author: Marise Cremona
Editor: Bloomsbury Publishing
ISBN: 184946832X
Size: 10,76 MB
Format: PDF, Docs
Read: 898

This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.