- European Yearbook of International Economic Law | badufyjuhi.cf
- About this book
- International Investment Law and EU Law
In areas where EU competence is exclusive, policy and legislation are made only collectively by the EU institutions; where it is shared, Member State governments also can make rules; where it is supportive, Member States take the lead and the EU has only a supporting role. The Treaty lists the CCP as an exclusive competence of the EU,  prohibiting EU Member States from legislating or adopting legally binding acts within this domain including international agreements without EU approval.
EU Member States are still calling for mixed agreements adopted by both the EU and the Member States for WTO-related agreements, based on remaining shared competences in transport services  and criminal sanctions in the field of intellectual property protection. Their normative power must nevertheless not be underestimated, and the European Parliament will most likely closely supervise the Commission and the Council in that regard.
The European Parliament, which formerly had only a voluntary hearing opportunity granted by the Commission, has achieved full participation in all matters falling within the CCP, e. For the regulations i. The Lisbon Treaty gives the EU exclusive competence for trade in services and commercial aspects of intellectual property rights, where it had previously been shared in part by the EC and the Member States.
However, this does not mean a substantive expansion of competences, but rather a mere change in the character of the competence already conferred. There is far-reaching consensus among scholars that the Treaty text does not give the EU competence over portfolio investments.
European Yearbook of International Economic Law | badufyjuhi.cf
The dominant academic interpretation in light of international policy e. For measures affecting all kinds of investments, irrespective of the capital share held by the investor, the EU would have to resort additionally to other competences, e. The exclusivity of the latter competence, however, is disputed.
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Legal scholars disagree on which types of investment measures fall into the competence for foreign direct investment, given that it forms part of the CCP. Many support an extensive interpretation covering all three types of measures.
About this book
In light of the estimated BITs involving the Member States, this development is extremely significant. Under public international law, they benefit from the pacta sunt servanda principle.
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This principle will remain the same under the proposed regulation mentioned above. The effective navigation of this framework is key to commercial success.
International Investment Law and EU Law
Governmental decisions and political change impact heavily on this legal framework, and businesses must be ready to understand and adapt to these changes, to take new opportunities and to manage the impact on international trade of their goods and services. Our global International Trade team has many years of experience advising companies and states on a wide range of matters including:.
The International Trade team also advises on multilateral free trade and other trade agreements. We have a deep understanding of the EU's network of trade arrangements, and recently advised on the negotiation of a preferential trade agreement with the European Union. Ortino is Reader in International Economic Law at King's College London — a specialist with more than 20 years' experience in international trade law.
This is the type of specialist expertise that differentiates our team from those of other law firms. Our International Trade team regularly counsel companies on investment structuring to ensure that they benefit from robust protections under their contracts and international law.