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Shaping the Single European Market in the Field of Foreign Direct Investment

By: Philip Strik
Media of Shaping the Single European Market in the Field of Foreign Direct Investment
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Published: 08-04-2014
Format: Hardback
Edition: 1st
Extent: 318
ISBN: 9781849465427
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP : £75.00
 

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Loren Epson

About Shaping the Single European Market in the Field of Foreign Direct Investment

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.

Table Of Contents

1 Introduction: EU Legal Integration in the Field of Foreign Direct Investment
I Setting the Scene: European Integration and FDI
II European FDI Policies and the Liberalisation of FDI
III European Integration and Investment Protection
IV Definitions of FDI in Different Types of International Instruments
V International Rule-making in the Field of FDI
VI Scope and Structure of this Study

2 The Operation of the Internal Market Mechanism in relation to Direct Investment
I Internal Market Integration in the Field of Direct Investment
II Admission of Third-Country Direct Investment Into the Single Market and Issues of Demarcation between Articles 49/54 and 63 TFEU
III Post-Establishment Treatment of Third-Country Direct Investment in the Single Market
IV Conclusion

3 The Lisbon Reform of the Common Commercial Policy: Implications for Union Competence and Practice in the Field of FDI
I Union External Competence in the Field of FDI Before and After Lisbon
II Implications of the Lisbon Reform of the CCP for the Union's Treaty-making Practice in the Field of FDI
III The Lisbon Reform of the CCP and Inward FDI into the Single Market
IV Conclusion
4 The Interplay between EU Law and Member State Bilateral Investment Agreements with Third Countries
I Member State Practice of Concluding BITs and their Substantive Interaction with EU Law
II The EU Legal Framework that Governs the Interplay between EU Law and Member State BITs with Third Countries
III Post-Lisbon Developments with Regard to the Member States' Practice of Concluding BITs with Third Countries
IV Conclusion

5 The Interplay between EU Law and Intra-EU Bilateral Investment Agreements
I Historical Background to the Phenomenon of Intra-EU BITs
II The EU Legal Order and Investment Protection
III EU Law and Intra-EU BITs: Constitutional Aspects
IV Intra-EU BITs and the EU Principle of Equal Treatment
V Investor-State Arbitration under Intra-EU BITs and the Autonomy of the EU Legal Order
VI Conclusion
6 Conclusion
I The Union's Post-Lisbon FDI Competence and its Exercise
II The Internal Market Freedoms and Inward FDI
III EU Law and Member State BITs
IV Future Direction of EU Legal Integration in the Field of FDI

Reviews

“Strik's study…is a welcome addition to a field of law that is rapidly changing…He covers a broad spectrum of issues and highlights that a truly Single European Market in the field of direct investment 'seems to be some way from the current state of affairs'” –  Markus Burgstaller, The Journal of World Investment & Trade

“Strik's book represents an extremely thorough and detailed analysis of the Single European Market in the field of FDI and the conclusions drawn are both insightful and enlightening. By shedding light on the dynamics of the interaction between EU law and BITs between Member states, on the one hand, and Member States with third countries, on the other; the book fulfills its objective in determining the extent to which the Single European Market is indeed a single market in the field of FDI. The book is therefore a must read for anyone specifically interested in investigating the EU legal organisation in the field of FDI, not to the exclusion of anyone with a broad interest in EU law. Furthermore, the book will serve as a useful guide and essential reading for scholars and professionals alike with a deep interest in understanding the evolution of EU legal integration and the principles underlying the European international economic order in the field of FDI. It goes without saying that Strik's book will serve as a valuable contribution to the literature for which he should be de duly commended.” –  Natasha A. Georgiou, Yearbook of European Law

“[Shaping the Single European Market in the Field of Foreign Direct Investment] presents a constructive contribution to the existing and constantly growing literature on EU investment policy. It offers a most useful analysis of the fundamentals in this debate and merits credit for the very thorough and analytical discussion of the relevant case law of the ECJ. …the book offers new insights, especially as regards the internal market aspects of FDI.” –  Angelos Dimopoulos, Common Market Law Review, Issue 4, 2015

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