Abstract

http://ssrn.com/abstract=2271526
 


 



Financial Responsibility in the European International Investment Policy


Jan Kleinheisterkamp


London School of Economics - Law Department

May 29, 2013

LSE Legal Studies Working Paper No. 15/2013

Abstract:     
Financial responsibility of the EU resulting from investor-state arbitration is a politically sensitive topic that is currently shaping the emerging European international investment policy. What degree of protection can be granted to foreign investors in negotiations of future EU investment treaties without compromising EU policy space, and how much review of its regulatory powers not by the CJEU but by arbitral tribunals is the EU willing to accept? Taking the Commission’s recent draft Regulation on managing financial responsibility as the starting point, this paper analyses the implications that future EU investment agreements would have for the existing safeguards for balancing private and public interests in EU law. It discusses the latest reactions of the European Parliament to these issues (triggered by a previous version of this paper) and suggests a more scientific and sustainable approach towards ensuring that future EU agreements provide a maximum of legal certainty for both investors and host states.

JEL Classification: F13, F21, K33, K39, O16

working papers series


Not Available For Download

Date posted: June 13, 2013  

Suggested Citation

Kleinheisterkamp, Jan, Financial Responsibility in the European International Investment Policy (May 29, 2013). LSE Legal Studies Working Paper No. 15/2013. Available at SSRN: http://ssrn.com/abstract=2271526 or http://dx.doi.org/10.2139/ssrn.2271526

Contact Information

Jan Kleinheisterkamp (Contact Author)
London School of Economics - Law Department ( email )
Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
+44 20 7955 7256 (Phone)
HOME PAGE: http://www.lse.ac.uk/collections/law/staff/jan-kleinheisterkamp.htm

Feedback to SSRN


Paper statistics
Abstract Views: 533

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.235 seconds