Investment and EU International Agreements

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Abstract

This chapter considers the implications of the EU’s legal framework for its treaty-making practice and policy choices in the field of foreign investment. The scope of the EU’s powers in relation to investment was partially clarified in Opinion 2/15, confirming shared competence of the EU and its Member States for the conclusion of modern international investment agreements. This chapter examines the competences and legal bases for the conclusion of different types of EU international agreements with investment provisions. Based on this analysis, the EU treaty-making practice and related policy outcomes in the field of foreign investment are considered, demonstrating internal constraints of the EU legal framework for the efficiency of the EU international investment policy. With uncertainty about EU investor-state dispute settlement (ISDS) reforms, and sustainability at the core of EU external action, the focus of EU international agreements in the field of investment is shifting towards improving investment regulatory governance beyond ISDS, with a view to align trade and investment efforts in promoting sustainable development.
Original languageEnglish
Title of host publicationThe EU Law of Investment
Subtitle of host publicationPast, Present, and Future
EditorsXavier Groussot, Marja-Liisa Öberg, Graham Butler
PublisherHart Publishing
Chapter4
Pages51-74
Number of pages24
Edition1
ISBN (Electronic)9781509965878, 9781509965861
ISBN (Print)9781509965854
DOIs
Publication statusPublished - 2025

Publication series

NameSwedish Studies in European Law
PublisherHart Publishing

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