Competence Review: Trade and Investment

30 Pages Posted: 12 Oct 2014

See all articles by Michael Waibel

Michael Waibel

University of Cambridge - Faculty of Law; Lauterpacht Centre for International Law; University of Cambridge - Jesus College

Date Written: February 8, 2013


The European Union (EU) has had competence over trade in goods since its inception in 1957. The EU has exercised this external competence through its Common Commercial Policy (CCP). As one of the most dynamic fields of EU external relations, the scope and the nature of the CCP has evolved through decisions of the European Court of Justice (ECJ) and treaty revisions.

This Report surveys how EU competence in areas of trade and investment has developed over time, with particular reference to the most important substantive and institutional changes introduced by the Treaty of Lisbon. It sheds light on the issues with respect to which the division of competences between the EU and the Member States is most contested. This is a vast and complex area of law. The further reading list at the end of this text provides more detail.

Keywords: Euroepan investment policy; Treaty of Lisbon; exclusive competence; common commercial policy

JEL Classification: F15; F21

Suggested Citation

Waibel, Michael, Competence Review: Trade and Investment (February 8, 2013). Available at SSRN: or

Michael Waibel (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Lauterpacht Centre for International Law ( email )

5 Cranmer Road
Cambridge, CB3 9BL
United Kingdom

University of Cambridge - Jesus College ( email )

Jesus Lane
Cambridge, CB5 8BL
United Kingdom

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