Research On Sevral Leagal Issues Of The Establishment Of EU Investment Agreements

With the development of glolal ecnomic integration, the capital moves more frequent around the world, which raises new challenges for the the management of foreign direct investmen. Countries will face such a choice,continue to adopt unilateral, bilateral treaties or make foreign direct investment rules in the regional organization, or establish a comprehensive multilateral agreement on investment with common efforts. According to the present situation,there are certain difficulties to develop a global unified multilateral agreement on investment, and the development of regional investment agreements has space for development. As the world’s largest regional economic integration organization, investment-related legal system of EU has got a new development. Since the EU has been established, there are many common policies, such as the common agricultural policy, common commercial policy, Facing the boom of global investment, the establishment of a common investment policy is the main problems that the European Union has faced. In particular, the "Lisbon Treaty" has made an important step on the road to achieve the EU common investment policy, Although the treaty does not really achieve a unified common investment policy,EU investment law is a multilateral and regional investment agreements,Studying on it can provide a draw for the global multilateral investment treaties, which has an impact to develop unified international rules on investment.The Lisbon Treaty granted the exclusive jurisdiction of foreign direct investment matters for EU, from now on,as a single one, EU will conclud investment agreements with third countries.At the same time,the EU will layout the common investment policy, and want to enact legislation to regulate the investment-related issues. Drawn up an EU investment agreement, and making the treaty "European" and making it with the effectiveness of EU law, must have profound impact to European regional organizations and the world. This paper based on the foundation of envisaged by the law, explored several important issues,which theestablishment of the EU investment agreements will involve. Attemped to offer planning references to legal construction of the EU’s external investment, then analysed the impact on the establising of global multilateral investment agreement. International investment agreements generally involves investors, investment scope, investment type, investment treatment, dispute settlement mechanism and so on, An complete investment agreement is bound to involve these key elements, while a perfect investment agreement contains comprehensive leagal issues. How to deal with the relationship between investment and the environment, how to solve the problem of investment and protection of human rights, and how to avoid that investment will be a threat to national economic sovereignty and so on. Therefore, the establishment of the EU investment agreements need to consider the balance between investment and the factors above. This article is to discuss the establishment of the EU investment agreements envisaged by the law of the need to address the basic theoretical issues and critical legal issues from the perspective of induction and analysis. Deeply analized the nature of the EU investment agreements, the sources of law, feasibility of establishment and the significance of establishment. Combined with the latest trends in international investment, addressed several key legal issues that the agreement need to solve. And draw up countermeasures to these addressed issues, in order to develop a reference for the EU1investment egal system.Through researching, there are following conclusions:It’s feasibile to establish the EU investment agreements, Legal issues that its existence faced can be resolved by legal provisions, these can offer theoretical support to the establishme nt of the EU investment agreements. Therefore, In this paper the theme discussed is novelty, the contents involved is diversity, and the conclusions is feasible.