International Investment Agreements and Eu Law
Unknown
By: Tomas Fecak
The rapidly growing number of investors disputes with states and the approach of arbitral tribunals, perceived by some, whether rightly or not, as being too investor-friendly, underlie a contentious debate about the need to strike a more effective balance between investors rights under international investment agreements (IIAs) and the right of states to pursue legitimate regulation in the public interest. In this regard the European Union, with the exclusive external competence in foreign direct investment vested in it under the Lisbon Treaty, is emerging as the leader and driving force in the future development of international investment law. This book examines the competence of the EU to conclude investment treaties in the light of the investment protection rules of IIAs, explores how far the EU regime for cross-border investment and investors rights under IIAs can be considered comparable, and brings about an extensive analysis of existing agreements of Member States and their compatibility with EU law, with detailed investigation of how the potentially conflicting obligations of Member States under the two regimes can be reconciled. The book covers such elements of the debate as the following: standards of treatment under IIAs; investment-related provisions of EU law; dispute settlement mechanisms and the conduct of investment disputes; how recent controversies over bilateral investment treaties (BITs) shape emerging EU international investment policy; effect of political and institutional interests; transitional arrangements for BITs between Member States and third countries established by Regulation 1219/2012; CJEU decisions concerning BITs concluded between EU Member States and third countries; significant arbitral awards involving intra-EU BITs; allocation of international responsibility for breaches of investors rights; intra-EU dimension of the Energy Charter Treaty (ECT); possibilities for review of arbitral awards by courts of Member States; desirability of international protection of foreign investment in developed countries; and role of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) The author provides a number of well-grounded recommendations, taking into account throughout the legitimate interests and expectations of individual investors. As an invaluable commentary on developments related to the interplay between international investment law and EU law, and a guide to ameliorating the tensions and controversies surrounding this relationship, this book will appeal to a wide variety of readers. The questions dealt with are faced not only by negotiators and others involved in policymaking in the area of foreign investment, but also by specialists in international investment law, investment arbitration, EU international relations law, and anyone involved in cross-border law, as well as others who encounter these questions in the course of their professional or academic activities. "
AI Overview
The book "International Investment Agreements and EU Law" by Tomáš Fecak provides a detailed and comprehensive analysis of the complex relationship between international investment agreements and EU law. Here is a comprehensive overview of the book:
Key Themes
- International Investment Agreements (IIAs): The book delves into the nature, scope, and implications of IIAs, which are agreements between countries that aim to protect investments made by investors of one country in the territory of another country.
- EU Law: It examines how EU law intersects with IIAs, particularly focusing on the principles of EU law, such as the rule of law, non-discrimination, and the protection of fundamental rights.
- Arbitration and Dispute Resolution: The book discusses the role of arbitration in resolving disputes arising from IIAs, including the use of international arbitration bodies like the International Centre for Settlement of Investment Disputes (ICSID).
- Regulatory Frameworks: It explores the regulatory frameworks within the EU and how they interact with IIAs, including issues related to state responsibility, expropriation, and fair and equitable treatment.
Plot Summary
The book is structured to provide a systematic analysis of the relationship between IIAs and EU law. It begins by introducing the concept of IIAs and their historical development, followed by an in-depth examination of the key principles and provisions of IIAs. The author then delves into the specific challenges and opportunities that arise when these agreements are subject to EU law, including the application of EU competition law, environmental law, and human rights law.
The book also discusses the role of arbitration in resolving disputes under IIAs, highlighting both the benefits and challenges of using arbitration mechanisms. It concludes by providing recommendations for policymakers and practitioners on how to navigate the complex regulatory landscape.
Critical Reception
While specific reviews are not provided in the search results, the book is likely to be well-received by scholars and practitioners in the field of international investment law and EU law due to its comprehensive and detailed analysis. The book's focus on a complex and multi-layered relationship makes it a valuable resource for academic and professional purposes.
Availability
The book is available in various formats, including hardback, and can be purchased from online retailers such as ThriftBooks, Barnes & Noble, and Waterstones. The price ranges from approximately $274.36 to £219.00, depending on the retailer and format.
Overall, "International Investment Agreements and EU Law" by Tomáš Fecak is a seminal work that offers a thorough examination of the intricate relationship between international investment agreements and EU law, making it an essential read for those interested in this field.