The Growing Pains of Actorness: The European Union in Global Investment Governance

Journal of European Integration 2022 (Forthcoming)

Hebrew University of Jerusalem Legal Research Paper No. 22-12

37 Pages Posted: 10 May 2022 Last revised: 10 Oct 2022

See all articles by Tomer Broude

Tomer Broude

Hebrew University of Jerusalem - International Law Forum

Yoram Haftel

Hebrew University of Jerusalem

Date Written: January 5, 2022

Abstract

Foreign investment is governed by thousands of international investment agreements (IIAs), many of which include investor-state dispute settlement (ISDS) provisions. Member states have played a prominent role in the evolution and shape of this decentralized global investment regime. The EU itself has become an actor in this regime since gaining competence in this area in 2009. This article examines the manners by which investment policies of the EU and its member states have evolved over time and their implications for the EU’s actorness. Using, first, the concept and metric of state regulatory space, we show that the EU is more enthusiastic than its member states about reforms, but that a lack of internal cohesiveness and a competitive external environment limit its actorness. Second, drawing on recent discussions of ISDS reforms, we highlight the increasing ability of the EU to speak up with one voice on global investment rules.

Keywords: International Investment Agreements, Investor-State Dispute Settlement, EU Actorness, State Regulatory Space, UNCITRAL

JEL Classification: K33, F13, F53, F55,

Suggested Citation

Broude, Tomer and Haftel, Yoram Z., The Growing Pains of Actorness: The European Union in Global Investment Governance (January 5, 2022). Journal of European Integration 2022 (Forthcoming), Hebrew University of Jerusalem Legal Research Paper No. 22-12, Available at SSRN: https://ssrn.com/abstract=4101281

Tomer Broude (Contact Author)

Hebrew University of Jerusalem - International Law Forum ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Yoram Z. Haftel

Hebrew University of Jerusalem ( email )

Mount Scopus
Jerusalem, Jerusalem 91905
Israel

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