A legal history of the EU's international investment policy
Title: A legal history of the EU's international investment policy
Author: BASEDOW, Johann Robert
Publisher: Brill Academic Publishers
Citation: Journal of world investment & trade, 2016, Vol. 17, No. 5, pp. 743-772
ISSN: 1660-7112; 2211-9000
The article traces the evolution of the legal competences of the European Union (EU) in international investment regulation from the Spaak Report (1956) to the Lisbon Treaty (2009). It focuses on the question why and how the EU gradually acquired legal competences in this key domain of global economic governance. The analysis suggests that Commission entrepreneurship and spill-overs from other EU policies were the most important factors fuelling the extension of the EU's legal competences. The Member States, on the other hand, sought to prevent a competence transfer. European business - arguably the main stakeholder - was mostly uninterested or divided regarding the EU's role in international investment policy. The findings have implications for our perception of business lobbying in international investment policy and potentially for the legal interpretation and delimitation of the EU's new competences.
Subject: European Union; Lisbon Treaty; European integration; Commission entrepreneurship; Treaties; Law
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