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The Unionisation of International Investment Law

Head of Section:

Armin von Bogdandy

Martin Jarrett

About the Project:

International investment law is being 'Unionised'.  In the Lisbon Treaty, the European Union assumed competence over the topic of 'foreign investment'.  From then on, it would have the power to conclude investment treaties for itself and the Member States with other states. And it has used that power.  Since 2010, it has concluded four investment treaties with Canada, Mexico, Singapore, and Vietnam, and another with China is in the pipeline.  Further, it has cancelled the regime of international investment law that existed among Member States and their investors. Finally, the European Union has embarked on ambitious campaigns to replace investment-treaty arbitration with a Multilateral Investment Court and renegotiate the most extensive investment treaty of them all, the Energy Charter Treaty.

This examines the Unionisation of international investment law. This examination revolves around four themes:

-   The Unionisation of International Investment Law

-   The Basic Structure of Unionised International Investment Law

-   The Substantive Effects of Unionised International Investment law

-   Unionised International Investment Law and the Major Challenges of the Future