A legal history of the EU's international investment policy
Journal of world investment & trade, 2016, Vol. 17, No. 5, pp. 743-772
BASEDOW, Johann Robert, A legal history of the EU's international investment policy, Journal of world investment & trade, 2016, Vol. 17, No. 5, pp. 743-772 - https://hdl.handle.net/1814/61524
Retrieved from Cadmus, EUI Research Repository
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.
Cadmus permanent link: https://hdl.handle.net/1814/61524
Full-text via DOI: 10.1163/2219000-12340011
ISSN: 1660-7112; 2211-9000
Keyword(s): European Union Lisbon Treaty European integration Commission entrepreneurship Treaties Law
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