The European Union and the Space-Time Continuum of Investment Agreements

22 Pages Posted: 13 Oct 2017

See all articles by Sophie Meunier-Aitsahalia

Sophie Meunier-Aitsahalia

Princeton University - Woodrow Wilson School of Public and International Affairs

Jean-Frederic Morin

Université Laval - Departement de Science Politique

Date Written: October 12, 2017

Abstract

The 2009 Lisbon Treaty transferred the competence over Foreign Direct Investment (FDI) policy from the national to the supranational level. This article analyses the impact of this transfer on the content of international investment agreements and, more broadly, the shape of the investment regime complex. Is the competence shift expected to have an independent impact or simply reproduce and continue existing trends? Exploring these two conjectures through a combination of text analysis, primary materials, and interviews, we are making a Historical Institutionalist argument focusing on the timing and sequencing of international investment negotiations. While the competence shift has allowed the EU to innovate in developing its own approach to negotiating international investment agreements, notably with the proposal to create an Investment Court System, the novelty may be only at the surface as the constraints of past, current, and future negotiations restrict the options available to EU actors - we call this the space-time continuum. The result of this learning-and-reacting process is a new European approach which simultaneously duplicates and innovates and could eventually favour greater centralization within the investment regime complex.

Suggested Citation

Meunier-Aitsahalia, Sophie and Morin, Jean-Frederic, The European Union and the Space-Time Continuum of Investment Agreements (October 12, 2017). Available at SSRN: https://ssrn.com/abstract=3051752 or http://dx.doi.org/10.2139/ssrn.3051752

Sophie Meunier-Aitsahalia

Princeton University - Woodrow Wilson School of Public and International Affairs ( email )

Princeton University
Princeton, NJ 08544-1021
United States

Jean-Frederic Morin (Contact Author)

Université Laval - Departement de Science Politique ( email )

Ste-Foy, Quebec G1K 7P4
Canada

HOME PAGE: http://https://ulaval.academia.edu/JeanFredericMorin

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