International Investment Law and EU Law
The European Yearbook of International Economic Law (EYIEL) is an annual publication in International Economic Law, a field increasingly emancipating itself from Public International Law scholarship and evolving into a fully-fledged academic discipline in
- PDF / 2,885,993 Bytes
- 207 Pages / 439.37 x 666.142 pts Page_size
- 67 Downloads / 222 Views
Editors Christoph Herrmann Jörg Philipp Terhechte
.
Marc Bungenberg Steffen Hindelang
l
Jo¨rn Griebel
l
Editors
International Investment Law and EU Law
Editors Professor Dr. Marc Bungenberg, L.L.M. University of Siegen Economics and Economic Law Ho¨lderlinstr. 3 57068 Siegen Germany [email protected]
Professor Dr. Jo¨rn Griebel, D.E.S. University of Cologne International Investment Law Centre Cologne Albertus Magnus Platz 50935 Ko¨ln Germany [email protected]
Dr. Steffen Hindelang, L.L.M. Humboldt-University of Berlin Juristische Fakulta¨t, WHI Unter den Linden 6 10099 Berlin Germany [email protected]
ISBN 978-3-642-14854-5 e-ISBN 978-3-642-14855-2 DOI 10.1007/978-3-642-14855-2 Springer Heidelberg Dordrecht London New York # Springer-Verlag Berlin Heidelberg 2011 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH, Heidelberg, Germany Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
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 on the regulation of foreign direct investment as part of the Common Commercial Policy (CCP). With its new competence the EU will become a new actor in the field of international investment policy and law. Although the Lisbon Treaty solves problems of the past in some policy fields, the new empowerment in the field of international investment law prompts a multitude of questions. Karel de Gucht was asked in his parliamentary hearings before being appointed Commissioner for External Trade on his position on the “investment topic”. He stated: Investment is a completely new competence for DG Trade. . . . We will have to address a lot of issues in this respect, and I suggest that some time soon we should have a follow-up discussion on this matter on the basis of a communication on how the European Commission is going to address it. There are existing investment agreements, by which I mean agreements for protecting investments. . . . First of all we will preserve legal certainty, then we will look closely
Data Loading...
