Member States' Bilateral Investment Treaties (BITs): Lost in Transition?
Hague Yearbook of International Law 2011, pp. 281-311
16 Pages Posted: 3 Nov 2012
Date Written: October 31, 2012
This article analyses the consequences of the shift of competence for Foreign Direct Investment (FDI) from the Member States to the EU. More specifically, the article focuses on the increasing interaction between European law and investment law, which is fueled by the changes of the Lisbon Treaty and in particular by the jurisprudence of the European Court of Justice (ECJ). In addition, attention is paid to the future Common European Investment Policy (CEIP) that is currently in the making.
Keywords: investment law, EU law, ECJ arbitral tribunal, BIT, intra-EU BITs, NAFTA, FTAs
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