The European Union and International Investment Law: The Two Dimensions of an Uneasy Relationship

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Francesco Montanaro (Office of the President of the Italian Republic) Gabrielle Marceau (Legal Affairs Division Wto Secretariat)

The European Union and International Investment Law

The Two Dimensions of an Uneasy Relationship

Francesco Montanaro (Office of the President of the Italian Republic), Gabrielle Marceau (Legal Affairs Division Wto Secretariat), Krista Nadakavukaren Schefer (Swiss Institute of Comparative Law Switzerland) , Federico Ortino (King's College London UK)

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English

Hart Publishing
26 September 2024

Investment treaties & disputes

Series: Studies in International Trade and Investment Law

This book explores the interaction between the EU and international investment law, both at the internal level, namely within the EU internal market, and at the external level, i.e. in the context of its relations with third States.

The joint treatment of these dimensions reveals that the EU has assumed an ostensibly ambivalent attitude towards international investment law. At the internal level, it has consistently asserted that intra-EU international investment agreements (IIAs) are not compatible with EU law and advocated their termination. At the external level, by contrast, it has eagerly deployed IIAs to develop its post-Lisbon international investment policy.

The book finds that beneath this apparent ambivalence towards international investment law ultimately lies the EU’s attempt to impose, both internally and externally, its own original model of regulation of cross-border investment. It then argues that the EU adopted this approach with a view to supporting its internal market, enhancing its external influence, and, ultimately, pursuing long-term ‘federal aspirations’. Finally, the book identifies the legal and political obstacles that have curtailed the EU’s efforts at both the internal and the external level.

By: Francesco Montanaro (Office of the President of the Italian Republic)
Edited by: Gabrielle Marceau (Legal Affairs Division Wto Secretariat), Krista Nadakavukaren Schefer (Swiss Institute of Comparative Law Switzerland), Federico Ortino (King's College London UK), Gregory Shaffer (University of California USA)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 232mm, Width: 152mm, Spine: 16mm
Weight: 320g
ISBN: 9781509963843
ISBN 10: 1509963847
Series: Studies in International Trade and Investment Law
Pages: 216
Publication Date: 26 September 2024
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Paperback
Publisher's Status: Active

1. Introduction 2. The Role of EU Member States and the EU in the Field of Foreign Investment 3. The Internal Dimension: The Relationship between EU Law and Intra-EU IIAs 4. The External Dimension: The EU as a Player in the Investment Treaty-Making Arena 5. The External and the Internal Dimensions of the EU’s Action in the Field of Foreign Investment Bibliography Index

Francesco Montanaro is Legal Officer at the Office of the President of the Italian Republic, Italy.