Change in the Constitutional Framework of the European Union with regard to regulating foreign direct investment (DOI: 10.2436/20.3000.02.29)

Authors

  • Hèctor López Bofill Universitat Pompeu Fabra (UPF)

Keywords:

foreign direct investment, constitutional law, European Union law, bilateral investment treaties, European Union investment agreements, state/investor dispute resolution system

Abstract

Since the Lisbon Treaty entered into force, the European Union (EU) has assumed powers over foreign direct investment. This article describes the system for allocating powers in this area between the Union and member states. It also comments on the powers still retained by the member states (which they exercise through bilateral investment treaties) and outlines the instruments that could make the EU's investment policy compatible with that of member states. It focuses in particular on developments in the EU's policy based on new global investment agreements that are about to be ratified or are still in the negotiation stage (such as the agreements with Canada, Singapore and the United States) and explores the consequences of establishing a state/investor dispute resolution system, which is envisaged by these agreements, and its compatibility with the principle of EU legal autonomy.

Key words: foreign direct investment, constitutional law, European Union law, bilateral investment treaties, European Union investment agreements, state/investor dispute resolution system

Original source: Revista Catalana de Dret Públic, 51: 104-121 (2015)

Downloads

Download data is not yet available.

Downloads

Issue

No. 6 (2016)

Section

Law

License

The intellectual property of articles belongs to the respective authors.
On publishing articles to the journal Catalan Social Sciences Review (CSSR), authors accept the following terms:
  1. Authors assign to Philosophy and Social Sciences Section (a subsidiary of Institut d’Estudis Catalans) the rights of reproduction, communication to the public and distribution of the articles published in Catalan Social Sciences Review (CSSR).
  2. Authors are responsible for obtaining permission for the reproduction of all graphic material included in articles.
  3. Philosophy and Social Sciences Section declines all liability for the possible infringement of intellectual property rights by authors.
  4. The contents published in the journal, unless otherwise stated in the text or in the graphic material, are subject to a Creative Commons Attribution-NonCommercial-NoDerivs (by-nc-nd) 3.0 Spain licence, the complete text of which may be found at  http://creativecommons.org/licenses/by-nc-nd/3.0/es/deed.en. Consequently, the general public is authorised to reproduce, distribute and communicate the work, provided that its authorship and the body publishing it are acknowledged, and that no commercial use and no derivative works are made of it.
  5. Catalan Social Sciences Review (CSSR)  is not responsible for the ideas and opinions expressed by the  authors of the published articles.