This paper, written in German language, reflects on the question of whether, and if answered in the affirmative, to which extent the EU can subject itself to investor-State arbitration in future EU investment agreements. Answering this question, the ECJ's concept of the “autonomy of EU law”...

This article analyzes new developments in the interaction between international investment law and EU law. The analysis focuses on the consequences resulting from the recent changes that have been introduced by the Lisbon Treaty and the jurisprudence of the ECJ. The author argues that the new...

This working paper addresses a number of policy-relevant issues regarding the EU's bilateral investment treaties (BITS), namely, whether the EU's BITs have a significantly positive impact on outflows; and which member states and which BIT partners have had a significant experience after the...

Capital exporting countries have attempted to protect the overseas investments of their multinational corporations (MNC) against host nation governments expropriating these investments, limiting the right to repatriate profits, or subjecting the withdrawal of their investments to heavy...

Immediately after the entry-into-force of the Lisbon Treaty in December 2009, which inserted FDI into the framework of the existing Common Commercial Policy, the debate focused on the scope of the new investment power and its implications for the practice of EU treaty-making, whether the...