Responsibility of the EU and the Member States under EU International Investment Protection Agreements

This book provides a comprehensive portrait of how international responsibility of the EU and the Member States is structured under the EU's international investment protection agreements. It analyses both the old regime as represented by the Energy Charter Treaty and the new regime as represented by the new EU investment treaties, such as CETA, TTIP, the EU-Singapore Agreement and the EU-Vietnam Agreement. The international responsibility of the EU, being a special international organisation, is in and of itself an important and challenging topic in public international law. However, in the context of international investment law, and especially with regard to the emerging new EU investment treaties, the topic is largely unexplored and represents new terrain. The book promotes the development of law in this area and provide a springboard for further research.

The book puts forth the thesis that the determination of the EU or a Member State as respondent in a disputeunder the new EU investment treaties has a substantive effect on the respondent's international responsibility. The international law effects of the respondent determination will surely be one of the central topics in future debates on the new EU investment treaties. The book further compares the EU regulation that allocates financial burdens between the EU and the Member States arising out of international investment disputes with the only other genuinely existing allocation system in federal states to date, namely that of Germany. The book finally reveals many shortcomings of the new EU responsibility regime in international investment law and provides some suggestions on how they can best be remedied.

Provides the first comprehensive work on the responsibilities of the EU and the Member States Elucidates the topic in detail not only for academics and lawmakers in the EU and the Member States, but also for the investment community and any practitioner advising in this field of law Compares the EU-Member State allocation of financial responsibilities with the system for the federal state and its federated states in Germany

Contenu

1. Introduction.- 2.International Obligations of the EU and the Member States under EU IIPAs.- 3. International Responsibility of the EU and the Member States for Breaches of EU IIPAs under Traditional Rules.- 4. The Procedutalisation and Internalisation of International Responsibility under Post-Lisbon mixed IIPAs.- 5. The International Allocation of Financial Responsibility under the REG.- 6. Specific Problems Caused by the Interrelation Between the Application of EU IIPAS and the Application of the REG.- 7. Epilogue.