New Developments in the Interaction between International Investment Law and EU Law

New Developments in the Interaction between International Investment Law and EU Law © Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157180310X541103 The Law and Practice of International Courts and Tribunals 9 (2010) 409–441 brill.nl/lape New Developments in the Interaction between International Investment Law and EU Law Nikos Lavranos * Senior trade policy advisor, Dutch Ministry of Economic Affairs, The Hague, The Netherlands nlavranos@yahoo.com Abstract This article analyzes new developments in the interaction between international investment law and EU law. The analysis focuses on the consequences resulting from the recent changes that have been introduced by the Lisbon Treaty and the jurisprudence of the ECJ. The author argues that the new exclusive competence of the EU regarding foreign direct investment (FDI) will have major implications for the existing Member States’ BITs as well as for the interaction with inter- national investment law. While it is too early for a full assessment of this new situation, it has already become clear that the European institutions and the supremacy of EU law will signifi- cantly reduce the powers of the Member States, thereby fundamentally changing the current situation. Throughout this process, ensuring legal security for investors and Contracting Parties will become of utmost importance. Keywords Bilateral Investment Treaties; investment law; European law; transitional regime; http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

New Developments in the Interaction between International Investment Law and EU Law

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Publisher
Brill
Copyright
© 2010 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
D.O.I.
10.1163/157180310X541103
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157180310X541103 The Law and Practice of International Courts and Tribunals 9 (2010) 409–441 brill.nl/lape New Developments in the Interaction between International Investment Law and EU Law Nikos Lavranos * Senior trade policy advisor, Dutch Ministry of Economic Affairs, The Hague, The Netherlands nlavranos@yahoo.com Abstract This article analyzes new developments in the interaction between international investment law and EU law. The analysis focuses on the consequences resulting from the recent changes that have been introduced by the Lisbon Treaty and the jurisprudence of the ECJ. The author argues that the new exclusive competence of the EU regarding foreign direct investment (FDI) will have major implications for the existing Member States’ BITs as well as for the interaction with inter- national investment law. While it is too early for a full assessment of this new situation, it has already become clear that the European institutions and the supremacy of EU law will signifi- cantly reduce the powers of the Member States, thereby fundamentally changing the current situation. Throughout this process, ensuring legal security for investors and Contracting Parties will become of utmost importance. Keywords Bilateral Investment Treaties; investment law; European law; transitional regime;

Journal

The Law & Practice of International Courts and TribunalsBrill

Published: Jan 1, 2010

Keywords: arbitral tribunals; transitional regime; ECJ; ICSID; exclusive jurisdiction; European law; exclusive competence; Bilateral Investment Treaties; investment law

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