International Investment Law and the Law of the European Union

About this book:

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.