What Can We Expect from Post-Brexit United Kingdom's Investment Policy?

Czech Yearbook of Public & Private International Law 2018

10 Pages Posted: 11 Jan 2019

See all articles by Ondrej Svoboda

Ondrej Svoboda

Charles University, Faculty of Law, Department of International Law

Jan Kunstýř

Fried, Frank, Harris, Shriver & Jacobson LLP

Date Written: October 1, 2018

Abstract

Among the questions discussed in regard to the withdrawal of the United Kingdom (UK) from the European Union (EU), the question of the “independent” UK’s investment policy has not yet been fully explored. Today, the UK’s foreign investment policy is part of the common EU investment policy and is regulated by EU Law. In this area, just like in other areas, Brexit brings new opportunities, and also new challenges. Th is article attempts to gauge the UK’s investment policy after its withdrawal from the EU. With this in mind, the article first analyses the current state of the UK’s investment policy including the relevant international treaties, which the UK is a party to. Secondly, it examines the UK’s stances which it historically took towards the EU’s exclusive competence in foreign direct investment policy which it gained under the Treaty of Lisbon. Finally, on the basis of these analyses, the article concludes that the UK will not significantly change its stance towards investment policy.

Keywords: Brexit; United Kingdom; European Union; Investment Policy; Investment Protection

JEL Classification: K33

Suggested Citation

Svoboda, Ondrej and Kunstýř, Jan, What Can We Expect from Post-Brexit United Kingdom's Investment Policy? (October 1, 2018). Czech Yearbook of Public & Private International Law 2018, Available at SSRN: https://ssrn.com/abstract=3308483 or http://dx.doi.org/10.2139/ssrn.3308483

Ondrej Svoboda (Contact Author)

Charles University, Faculty of Law, Department of International Law ( email )

Prague
Czech Republic

HOME PAGE: http://https://www.prf.cuni.cz/detail-cloveka/648017

Jan Kunstýř

Fried, Frank, Harris, Shriver & Jacobson LLP

65, avenue des Champs Elysees
Paris, NY 75007
United States

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