Fairness Screening of International Investments as an Instrument of EU External Trade and Investment Governance

CERiM Online Paper Series Paper 14/2018

21 Pages Posted: 11 Dec 2018

See all articles by Jens Hillebrand Pohl

Jens Hillebrand Pohl

Maastricht University - Institute for Globalisation and International Regulation; Academy of European Law; University of Bern - World Trade Institute; Maastricht University - Department of International and European Law

Date Written: November 17, 2018

Abstract

In today’s multipolar world economy, the societal values and interests that underpin the European project are not shared and protected by all of the EU’s global economic partners. Economic advantage may entice countries to abandon the pursuit of political, social and economic fairness for purposes of attracting foreign investment. Recent EU free trade agreements, such as CETA, have pioneered limited protection against this risk in the area of basic labour and environmental standards. This paper explores a more ambitious, comprehensive framework for how individual rights associated with basic notions of societal fairness could be protected, not by treaty, but indirectly via multinational enterprises as the agents of globalization. It presents a proposal for a coordinated system of inward and outward investment screening to ensure the protection of such rights under existing international commitments and instruments. The paper outlines the areas of further research essential to rendering such a framework operational.

Keywords: International investments, investment screening, fairness, social rights, equality

Suggested Citation

Pohl, Jens Hillebrand, Fairness Screening of International Investments as an Instrument of EU External Trade and Investment Governance (November 17, 2018). CERiM Online Paper Series Paper 14/2018. Available at SSRN: https://ssrn.com/abstract=3286279 or http://dx.doi.org/10.2139/ssrn.3286279

Jens Hillebrand Pohl (Contact Author)

Maastricht University - Institute for Globalisation and International Regulation ( email )

Minderbroedersberg 4-6
Maastricht, 6211 LK
Netherlands

Academy of European Law ( email )

Metzer Allee 4
Trier, 54295
Germany

University of Bern - World Trade Institute ( email )

Hallerstrasse 6/8
Berne, CH-3012
Switzerland

Maastricht University - Department of International and European Law ( email )

Maastricht
Netherlands

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