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A Study On The Connotation And Impacts Of EU Investment Competence Under The Lisbon Treaty

Posted on:2020-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:C QuFull Text:PDF
GTID:2416330572988252Subject:International Law
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As a result of the EU's integrated development,the Lisbon Treaty not only provides institutional guarantees for the EU,but also promotes the role of the EU as a whole on the international stage.Before the entry into force of the treaty,the competence to invest can be enjoyed jointly by the EU and its member states;after the entry into force of the treaty,foreign direct investment competence can be exclusively owned by the EU.However,the"Lisbon Treaty" does not clearly define the connotation of the EU's exclusive competence in the field of foreign direct investment,which has led to many controversies,and thus the investment treaties within the EU member states,as well as the investment treaties between the EU and third countries.In addition to the introduction and conclusion,this paper is divided into three chapters.The first chapter discusses the connotation of EU investment competence under the Lisbon Treaty.Firstly,it reviews the historical evolution of EU investment competence.Secondly,it discusses the specificity of EU foreign direct investment,and finally clarifies the scope of EU investment competence.The second chapter based on the entry into force of the Lisbon Treaty,combines specific investment arbitration practices to explore the impact of EU investment competence on member countries' investment treaties.Mainly to discuss the effectiveness of BITs within EU member states.The third chapter discusses the impact of EU investment competence on the EU and its member states and third-country investment treaties.Firstly,it analyzes the effectiveness of BITs between EU member states and third countries.Secondly,it takes the China-Europe BIT negotiation as an example to discuss the matters that should be paid attention to when the EU and third countries sign BIT.Finally,explore the impact on EU and third-country investment dispute resolution mechanisms.
Keywords/Search Tags:the Lisbon Treaty, EU, Common Commercial Policy, Foreign Direct Investment, Exclusive Competence
PDF Full Text Request
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