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Regionalism in International Investment Law$
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Leon Trakman and Nicola Ranieri

Print publication date: 2013

Print ISBN-13: 9780195389005

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780195389005.001.0001

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The Legal Framework for Foreign Investments in the EU: The EU Internal Market Freedoms, the Destiny of Member States’ BITs, and Future European Agreements on Protection of Foreign Investments

The Legal Framework for Foreign Investments in the EU: The EU Internal Market Freedoms, the Destiny of Member States’ BITs, and Future European Agreements on Protection of Foreign Investments

Chapter:
(p.120) 6 The Legal Framework for Foreign Investments in the EU: The EU Internal Market Freedoms, the Destiny of Member States’ BITs, and Future European Agreements on Protection of Foreign Investments
Source:
Regionalism in International Investment Law
Author(s):

Anna De Luca

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195389005.003.0006

This chapter examines the legal framework for foreign investments in the European Union and its Member States. It discusses EU internal market freedoms, more specifically the right of establishment, right to provide services within the EU, free circulation of capital, and their aim and scope of application, as elaborated in EU case law; the destiny of bilateral investment treaties between Member States and third countries following the establishment of a transitional regime for bilateral investment agreements between Member States and third countries; and the level of protection that EU stakeholders envisage for EU national investors abroad and foreign investors in the EU and its Member States under future European agreements. The chapter concludes with some observations on the current discussion on the content and scope of EU investment policy.

Keywords:   European Union, Member States, foreign investments, bilateral investment treaties, foreign investors, investment protection, investment policy

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