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International Investment Law and the Law of the European Union: How Regionalism and Interregionalism Have Shaped the Relationship in the Post-Lisbon Era

International Investment Law and the Law of the European Union: How Regionalism and Interregionalism Have Shaped the Relationship in the Post-Lisbon Era

Author: Xaralampos Tagaroulias
Publisher: Kluwer Law International
ISBN: 9789403507088
Published In: June 2024
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,920.00

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Description
Contents

Details

International Investment Law and the Law of the European Union is a book analyzing the legislative and jurisprudential backbone affecting both policy and practice, 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. The fragile relationship between international law and EU law comes to the fore when a dispute arises between an EU Member State and a multinational corporate investor.

What’s in this book:

Delving deep into the parameters set by the Court of Justice of the European Union (CJEU) and investor-State dispute settlement (ISDS) arbitral tribunals for the interplay between EU law and international investment law, the following salient issues and topics, inter alia, 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 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, with a specific focus on scholarship in the applicable fields. The author furnishes substantial and procedural solutions that will prevent the violation of EU law without sacrificing the considerable protection that arbitration provides for investments.

How this will help you: The book extends beyond existing literature and pioneers in jointly addressing EU law, international investment law, and integration 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.

Preface

Acknowledgments

Introduction

CHAPTER 1: The Interaction Between EU Law and Public International Law

CHAPTER 2: The Operation of EU’s Exclusive Competence Regarding Foreign Direct Investment

CHAPTER 3: Potential Conflicts Between EU Law and Extra-EU BITs

CHAPTER 4: Potential Conflicts Between EU Law and Intra-EU BITs

CHAPTER 5: The Correlation Between EU Law and International Agreements Concluded by the EU

CHAPTER 6: Possible Convergence of Substantive and Procedural Protection Standards Between EU Law and the EU’s New “Third Generation” Agreements

Conclusions

Bibliography