Edited by Markus Krajewski and Rhea T. Hoffmann
Chapter 14: European Union
The chapter explores the emergence of the EU as a global actor in the field of international investment law and policy. Therefore, it examines first the legal framework concerning the assumption of powers in the field of foreign investment by the EU. Secondly, it looks into the accommodation of the EU within the existing regime of international investment law. The chapter places particular emphasis on the EU mechanism providing for transitional arrangements for Member State BITs and the EU mechanism on financial responsibility. Finally, it explores the content of EU investment agreements, identifying the key contributions that the EU has developed in this field and its importance as a ground-breaking normative actor. In light of the above, the conclusion is drawn that although the EU’s record has not been quantitatively impressive, it is qualitatively substantial, paving the path for a new legal framework on FDI regulation.
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