EU Foreign Investment Law

Abstract

AbstractRegulation of foreign investment presents one of the most topical and controversial subjects in EU law and international investment law. The introduction of EU competence over foreign direct investment (FDI) in Article 207 TFEU after the Lisbon Treaty as well as the recent successful challenge of Member States Bilateral Investment Treaties (BITs) regarding their compatibility with EU law, indicate the emerging importance of EU foreign investment law. Within this framework, the purpose of this book is to identify whether and to what extent the EU has become an international actor in the field of foreign investment. Exploring the existing legal framework on the scope and exercise of EU competence and its legal effects, it examines the foundations upon which EU investment policy is based and will be based in the future. The book examines EU foreign investment law firstly from an EU law perspective. It addresses questions relating to the definition of foreign investment, the scope of EU competences, the actual exercise of EU powers, the substantive content of existing and future EU International Investment Agreements (EU IIAs), the objectives of EU investment policy and its EU law effects, in particular as regards the compatibility of Member States BITs with EU law. Secondly, the book examines the influence that the EU exerts on international law and regulation of foreign investment. Specific attention is paid to the substantive content and orientation of EU IIAs, taking a comparative approach to the content of BITs, as well as to the ramifications of EU foreign investment regulation for international law, especially with regard to the EU's international responsibility. Taking into account the recent developments in this field, this book addresses the legal, practical and political concerns that the creation of an EU common investment policy creates.