International Investment Law and EU Law (European Yearbook of International Economic Law)


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Furthermore, these protection standards would be too broad and would leave too much discretion to the arbitrators. Indeed, IIAs concluded by EU Member States in particular rarely foresee exception clauses or the right to regulate, and thus because of the aforementioned standards that are very favourable to investors, such IIAs would limit sovereign states in their sovereign right to regulate.

Especially in investor-state dispute settlement ISDS , a lack of transparency would exist, as well as no appellate system and no coherence in the jurisprudence of arbitral tribunals. Most of these points have been discussed throughout the past decade, but now with various negotiations under way receive new attention. From an economic point of view, it is discussed if international investment agreements do matter and attract foreign investments or are irrelevant and are thus questioned in their entirety.

The European Parliament today is an important actor in the field of EU external relations. The Lisbon Treaty significantly strengthened the role of the European Parliament 24 : it now has to give its parliamentary consent in de facto almost all cases of new agreements. To exercise an influence on important trade negotiations, INTA has developed a practice of drafting reports on its own initiative, indicating its priorities during the negotiations.


  1. Sogno o son sveglio? (Italian Edition).
  2. The Treaty of Lisbon Expands the EU’s External Trade and Investment Powers?
  3. Bloomsbury Professional - Studies in International Trade and Investment Law;
  4. Dr Lorand Bartels | Faculty of Law?
  5. Where Have All the Healers Gone?;
  6. Fuzzy Multiple Objective Decision Making.
  7. The Nickum.

Soon after the entry into force of the Lisbon Treaty, in February , the European Parliament decided not to give its consent to the conclusion of the Agreement on the processing and transfer of financial messaging data from the EU to the United States for purposes of the Terrorist Finance Tracking Program. Taken together, it is this increased role of the European Parliament connected with the politicisation of the entire common commercial policy which constitutes a great potential impact of the Lisbon Treaty on the new EU international investment policy.

One of the biggest issues of the past decade has been the stronger engagement of civil society in the globalisation discussion in general, as well as in the conclusion of international agreements specifically. The Ministry for Economic Affairs and Energy not only set up a TTIP Advisory Council, which is lacking any know-how in regard to international investment law in particular, as well as international economics in general, but also openly opposed an ISDS mechanism in the TTIP, arguing that such a mechanism is not necessary between countries following the rule of law, such as the EU or the US.

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This might be seen as a violation of Article 4 paragraph 3 TEU, which stipulates the responsibility of the EU Member States to support the EU during the negotiation of international agreements 37 —even more so after having given a mandate to the Commission that also comprises negotiations of an ISDS mechanism.

The proposed approach contains a series of innovative elements that the EU proposes using as the basis for the TTIP negotiations. Thus, even though the title of the public consultation seems to indicate that the focus is on ISDS, in reality almost the entire breadth of international investment law is opened up for discussion and statements by the Commission. Furthermore, it can be remarked that most questions are also addressed in the investment chapter of the CETA with Canada that is given as a reference in the consultation.

Also they foresee only limited transparency of the entire ISDS system and contain no provisions on market access.

These issues serve as concrete, representative examples that raise broader questions about the legitimacy of the WTO dispute settlement system and help to explore the true The first part of this volume analyses the recent controversial questions of the external economic relations of the Union, dealing with the complexity of mixed agreements, transparency and legitimacy issues as well as recent In light of increasing conflicts over access to and the use of natural resources and of their impact on political, social and environmental aspects, the contributions of this volume analyse to which extent international economic law can contribute to the sustainable exploitation, Since then the global financial and monetary system underwent significant policy Firstly, it adresses the 10th anniversary of China's accession to the WTO and its implications; secondly, it deals with different legal aspects of global energy markets.

In part I, it brings together articles on a variety of subjects, reaching from exchange rate manipulation and financial market supervision over international investment law including the growing investment protectionism to recent developments of the external economic constitution of the The investigation distinguishes between three legal dimensions, each of which offers both substantive legal With this new competence, the EU will become an This conceptual exploration highlights that, while consent underpins the contract, the legal construction of state sovereignty and resource ownership sets parameters for the expression of consent—namely, the actors whose consent is required, the processes through which consent is formed and manifested, and the bounds within which consent can lawfully operate.

The chapter then distils some practical implications for natural resource contracts, focusing on illustrative issues relating both to the substantive and procedural dimensions of investor-state contracts, and to reframing the contracting process around a wider range of resource right holders and affected actors. The findings provide pointers for piecing together the diverse and possibly conflicting commercial and non-commercial interests that are at stake in natural resource contracts. PDF View full text. The exploitation of natural resources such as oil, coal, and gas that are contained in the soil of the territory of States is generally considered to be subject only to the domestic regulation of the State in question.

Due to the permanent sovereignty over natural resources, states are free to determine whether and how they wish to exploit these resources. The role of international law is limited, but only to the extent that concerns of foreign investors are not negatively affected. This contribution assesses the relationship between certain sub-sections of international economic law, investment law and trade law, and answers the question whether the case of shale gas extraction by means of fracking is merely another example of the tension between the rules that govern international economic relations and domestic policy considerations, or whether it represents a potential turning point in the way the international community perceives these constraints on domestic policy making.

This is done by considering the Lone Pine Inc. This arbitration takes place against a background of increasing public discontent with investor-state dispute settlement and a reconsideration of this concept by several states. This article unfolds the concept of a genuine European natural resources law. Against the background of the global commodity markets and the commodity dependence of the EU, it argues that the academic debate should focus on safety, sustainability and efficiency in the supply as key principles of European natural resources law.

This new field of law, thus, has to be located between environmental and economic law.

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European Yearbook of International Economic Law | obunubudenok.tk

Deep seabed mining beyond national jurisdiction may soon become a commercial reality. The deep seabed covers almost three-quarters of the entire surface area of our oceans, and it boasts an array of valuable mineral resources, including metals and rare earth elements.

This article will evaluate the international legal regime, which applies to mining activities in this area. Acting under UNCLOS, the International Seabed Authority is responsible for regulating the deep seabed and granting mining contracts to allow investors to explore for and exploit deep seabed minerals.

After assessing the types of mineral resources present in the deep seabed, this article will consider the key parameters of the UNCLOS deep seabed regime, including its licensing process and the extent to which actors are undertaking mining activities within the regime at present. The Arctic is not governed by any particular rules of international law.

European Yearbook of International Economic Law 2017

Over the past two decades, through the Arctic Council, the five Arctic Ocean coastal States, together with Finland, Iceland and Sweden, have been playing a decisive and innovative role in the management of Arctic affairs. The Arctic is inhabited by four million people, with indigenous communities estimated at about one-tenth of the total population. The international legal regime of the various regions of the Arctic varies, depending on whether the regime applies to land covered by ice or to frozen waters that can be regulated by the international regimes of the various maritime spaces provided for by the International Law of the Sea.

Although the exploitation of natural resources in the Arctic is still, in many cases, merely potential, the possibility of this happening in the near future is a consequence of climate change.

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Probably the most obvious facet of the consequences of climate change in the Arctic has been the increased navigation routes in the region. The natural resources that can be economically exploited in the Arctic can be divided into two categories: living natural resources fish and non-living natural resources includes non-renewable resources such as oil, natural gas, minerals, and aggregates. The economic exploitation of natural resources in the Arctic is currently heavily constrained by rules of environmental law, both the domestic laws of the Arctic States and also as a result of the application of the existing international law in this field.

The purpose of this article is to provide an overview of the international and domestic legal frameworks relevant for the upcoming space mining activities. The relevance of the Moon Agreement is also assessed. The second part of the article focuses on the national perspective, providing an analysis of the obligations under the Outer Space Treaty relevant to the adoption of a national legal framework. The space mining legislations currently in force, i. Building on the previous analysis, the concluding remarks present an evaluation of the legal framework and indicate the possible legislative developments de iure condendo.


  • European Yearbook of International Economic Law 12222.
  • La Corte de Carlos IV (Anotado) (Spanish Edition).
  • The Endless Game?
  • The Eurasian Economic Union was established on May 29, Energy dialogue forms an important part of this union. Currently, the parties aim to conclude the formation of the common energy market by , however there are a number of hurdles blocking the successful achievement of this goal.

    International Investment Law and EU Law (European Yearbook of International Economic Law) International Investment Law and EU Law (European Yearbook of International Economic Law)
    International Investment Law and EU Law (European Yearbook of International Economic Law) International Investment Law and EU Law (European Yearbook of International Economic Law)
    International Investment Law and EU Law (European Yearbook of International Economic Law) International Investment Law and EU Law (European Yearbook of International Economic Law)
    International Investment Law and EU Law (European Yearbook of International Economic Law) International Investment Law and EU Law (European Yearbook of International Economic Law)
    International Investment Law and EU Law (European Yearbook of International Economic Law) International Investment Law and EU Law (European Yearbook of International Economic Law)
    International Investment Law and EU Law (European Yearbook of International Economic Law) International Investment Law and EU Law (European Yearbook of International Economic Law)

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