Research On Legal Issues Of EU And Its Member States Applying Lisbon Treaty In Investment Field

As one of the most important economic entities in the world,EU has been committed to establishing a unified internal market for many years in order to expand its influence in the world.Before the Lisbon Treaty entered into force,the power in the field of investment belonged exclusively to the member states of the European Union.The Lisbon Treaty entered into force in 2009.Foreign direct investment was incorporated into the common commercial policy area with exclusive jurisdiction of the European Union and became the exclusive power of the European Union,enabling the European Union to act in concert on behalf of the member states in the field of investment,but it also brought about a series of legal problems.Based on the introduction of the changes of EU’s power in the field of investment,This article is mainly based on case studies and documentary research to study the legal issues concerning the application of the Lisbon Treaty by EU and its member states in the field of investment,and predicts future investment relationship between China and EU under the Lisbon Treaty.This article is divided into four chapters.The first chapter introduces the changes of EU’s investment competence under the background of the Lisbon Treaty.Taking the entry into force of the Lisbon Treaty as the dividing point,it introduces the EU’s investment competence before andafter the entry into force,and analyzes the reasons for the changes.The second chapter analyze the legal issues of the coordination between the Lisbon Treaty and the existing international investment agreements of the EU member states.First,the general situation of the EU member states signing the international investment agreements is summarized.Then,the existing international investment agreements of the EU member states are divided into the international investment agreements between the EU member states and the international investment agreements between the EU member states and the third countries to discuss the conflicts between them and the Lisbon Treaty and how to coordinate.The third chapter takes indirect investment and investor-state dispute settlement(ISDS)mechanism,which are two important areas that will conflict with the EU’s application of the Lisbon Treaty,as entry points to analyze their possible impact on future EU investment agreement negotiations.On the basis of the two chapters,the fourth chapter analyzes the influence of Lisbon Treaty on China,which is divided into two parts: the influence on the bilateral investment treaties signed between China and EU member states and the influence on the negotiation of Sino-EU investment agreements,and puts forward countermeasures accordingly.