The Impact Of The "Lisbon Treaty" On The Bilateral Investment Agreements Of EU Member States

During the Maastricht Treaty,the competence of FDI is shared by the EU shared and Its member states.Member states have the right to sign bilateral investment agreements whereas EU is responsible for signing economic integration agreements containing investment liberalization content,which is too inefficient to satisfy the EU in the complex and volatile economic situation.the Lisbon Treaty creatively put forwards the EU's exclusive competence in the field of FDI.However,due to strong opposition of the member states,the EU finally removed the concept and scope of foreign direct investment competence.Whats more,the treaty does not cover the impact of the transfer of foreign direct investment competence on member countries'bilateral investment agreements.Legislative vacancies have aroused great interest from scholars at home and abroad.This paper mainly uses text analysis and case analysis methods to study the direction of EU member states' investment agreements and estimate the future of trade relations between China and the EU on the basis of defining the scope of EU foreign direct investment capabilities.This article is divided into three parts.The first chapter is an overview of the EU's foreign direct investment.First,the definition is direct from the international and the EU law.Combined with the theory,the EU member states,the European Commission and the European Court of Justice,and ultimately Determining the scope of EU foreign direct investment capabilities:EU foreign direct investment have extended to the investment protection chapter,except the indirect investment and dispute settlement mechanisms.On the basis of determining the scope of investment competence,Chapters 2 and 3 focus on the relevant awards and the judgment of the European Court of Justice,combined with the contents of the EU's basic treaties,and the effectiveness of bilateral investment agreements and external BITs within EU member states.to evaluate.The conclusion is that although the EU's foreign direct investment rights have been extended to the field of investment protection,because the EU law can not fully cover the content of bilateral investment agreements of member states,the internal and external bilateral investment agreements signed by member states must still apply.Although EU law no longer alllows new bilateral investment agreements between EU member states,future member states still have the right to enter into new investment agreements with third countries.