A legal history of the EU's international investment policy

License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1660-7112; 2211-9000
Issue Date
Type of Publication
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
Journal of world investment & trade, 2016, Vol. 17, No. 5, pp. 743-772
Cite
BASEDOW, 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
Abstract
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.