New Frontiers for EU Investment Policy
New Frontiers for EU Investment Policy

Author: Marc Bungenberg

Publisher: Springer

Published: 2023-12-21

Total Pages: 0

ISBN-13: 9783031419768

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With the entry into force of the Treaty of Lisbon in 2009, the EU became a global actor in the field of foreign direct investment. Since then, the field of EU investment policy has been gradually shaped by numerous political changes, judgments and opinions delivered by the Court of Justice of the EU, as well as lively scholarly debate. Today, a clear division between the “internal” and “external” dimensions of EU investment policy has emerged, which constitutes the general topic of this book. Within these dimensions, additional – and sometimes contradictory – facets of the EU’s multi-layered approach to investment protection can be identified. On the one hand, EU investment policy is shifting toward a decentral approach when it comes to substantive standards of investment protection. On the other hand, the EU is following a multilateral approach with regard to procedural innovations in investor-State dispute settlement. In this EYIEL Special Issue, leading experts in the field discuss the latest developments with regard to the above-mentioned dimensions and facets, which reflect new trends and challenges for EU investment policy. Among others, the book discusses the EU’s participation in the reform process for the international investment regime, the emergence of central planning and decentral implementation of EU investment policy, the feasibility of an intra-EU investment court, the protection and enforcement of investment standards under EU law, and the suitability of mediation as an alternative to intra-EU investment arbitration.

New Frontiers for EU Investment Policy
New Frontiers for EU Investment Policy

Author: Marc Bungenberg

Publisher: Springer Nature

Published: 2024-01-24

Total Pages: 207

ISBN-13: 3031419774

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With the entry into force of the Treaty of Lisbon in 2009, the EU became a global actor in the field of foreign direct investment. Since then, the field of EU investment policy has been gradually shaped by numerous political changes, judgments and opinions delivered by the Court of Justice of the EU, as well as lively scholarly debate. Today, a clear division between the “internal” and “external” dimensions of EU investment policy has emerged, which constitutes the general topic of this book. Within these dimensions, additional – and sometimes contradictory – facets of the EU’s multi-layered approach to investment protection can be identified. On the one hand, EU investment policy is shifting toward a decentral approach when it comes to substantive standards of investment protection. On the other hand, the EU is following a multilateral approach with regard to procedural innovations in investor-State dispute settlement. In this EYIEL Special Issue, leading experts in the field discuss the latest developments with regard to the above-mentioned dimensions and facets, which reflect new trends and challenges for EU investment policy. Among others, the book discusses the EU’s participation in the reform process for the international investment regime, the emergence of central planning and decentral implementation of EU investment policy, the feasibility of an intra-EU investment court, the protection and enforcement of investment standards under EU law, and the suitability of mediation as an alternative to intra-EU investment arbitration.

Towards Shaping the New EU Investment Policy
Towards Shaping the New EU Investment Policy

Author: Taida Begic Sarkinovic

Publisher:

Published: 2015

Total Pages:

ISBN-13:

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The article focuses on implications of the fact that under the Lisbon Treaty foreign direct investment form a part of the common commercial policy and, therefore, become an area of exclusive competence of the European Union. It thus elaborates on the development of the future Common European Investment Policy as foreseen by the Treaty of Lisbon. As a consequence of these changes, the future of EU Member States bilateral investment treaties has also been brought into question. Thus, the article explores what lies behind the new EU investment policy.

The EU Approach to International Investment Policy After the Lisbon Treaty
The EU Approach to International Investment Policy After the Lisbon Treaty

Author:

Publisher:

Published: 2010

Total Pages: 85

ISBN-13:

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The Lisbon Treaty extends exclusive European Union competence to foreign direct investment (FDI). After a transition period this should enable the EU to conclude either international investment agreements or comprehensive trade and investment agreements with third parties. This extension of the EU's competence offers the opportunity of promoting EU competitiveness in global markets through increased investment and better access to key third country markets. It also facilitates a greater European influence over international investment agreements a key instrument in any response to globalisation. The EU will need to develop a coherent and balanced approach to investment if it is to make the most of these opportunities. In this the EU needs to address four major issues. First, the treaty provides no definition of FDI and thus the scope of EU exclusive competence. The EU institutions must therefore work towards a consensus on the scope of competence or how to manage mixed competence negotiations. Second, there is a need to define the main elements of an EU investment policy. This will involve agreement on standards for investment protection, dispute settlement and arbitral procedures as well as what the EU aims should be in terms of promoting 'sustainable investment.' Third, it will be necessary to decide on the basis of clear and objective criteria, which third countries should be given priority when it comes to negotiating EU level investment agreements. Finally, agreement must be found on how to manage the transition from member state bilateral investment treaties (BITs) to EU level investment agreements. This study provides background on the nature of these challenges and discusses the options for EU policy.

The EU on the Investment Path - Quo Vadis Europe? The Future of EU BITs and Other Investment Agreements
The EU on the Investment Path - Quo Vadis Europe? The Future of EU BITs and Other Investment Agreements

Author: August Reinisch

Publisher:

Published: 2013

Total Pages: 39

ISBN-13:

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Immediately after the entry-into-force of the Lisbon Treaty in December 2009, which inserted FDI into the framework of the existing Common Commercial Policy, the debate focused on the scope of the new investment power and its implications for the practice of EU treaty-making, whether the “new” EU investment power was limited to questions of market access, and whether future EU investment treaties would contain investor-state dispute settlement provisions. Meanwhile the EU Commission has strongly asserted its FDI powers under Article 207(1) TFEU and plans to conclude treaties that cover the entire range of issues currently addressed in EU Member State BITs.In July 2010, the Commission issued a Communication on a European investment policy which has been widely discussed since. This article will discuss the potential shape of future EU investment treaties as far it can be already discerned and it will also address the power struggle between the Member States and the Union.

New Frontiers In Entrepreneurial Finance Research
New Frontiers In Entrepreneurial Finance Research

Author: Quas Anita

Publisher: World Scientific

Published: 2019-09-12

Total Pages: 356

ISBN-13: 981120277X

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This book provides an updated view of new trends in entrepreneurial finance, with the aim of guiding academics and non-academics alike that want to gain a deeper understanding of this field.It collects recent contributions from scholars from all over the world. Each chapter provides new empirical or theoretical evidence on fundamental issues related to entrepreneurial finance, including business angels, crowdfunding, Initial Coin Offerings, Mini bonds, public support and more. Besides reviewing the recent trends in the field, the book also highlights new avenues for research, and implications for practitioners.

New Frontiers in Social Innovation Research
New Frontiers in Social Innovation Research

Author: Alex Nicholls

Publisher: Springer

Published: 2015-09-18

Total Pages: 262

ISBN-13: 1137506806

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This book is open access under a CC BY license. Interest in social innovation continues to rise, from governments setting up social innovation 'labs' to large corporations developing social innovation strategies. Yet theory lags behind practice, and this hampers our ability to understand social innovation and make the most of its potential. This collection brings together work by leading social innovation researchers globally, exploring the practice and process of researching social innovation, its nature and effects. Combining theoretical chapters and empirical studies, it shows how social innovation is blurring traditional boundaries between the market, the state and civil society, thereby developing new forms of services, relationships and collaborations. It takes a critical perspective, analyzing potential downsides of social innovation that often remain unexplored or are glossed over, yet concludes with a powerful vision of the potential for social innovation to transform society. It aims to be a valuable resource for students and researchers, as well as policymakers and others supporting and leading social innovation.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Author: Shahla Ali

Publisher: Kluwer Law International B.V.

Published: 2020-12-10

Total Pages: 313

ISBN-13: 940352863X

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International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

The New Frontiers of Space
The New Frontiers of Space

Author: Stefania Paladini

Publisher: Springer

Published: 2019-08-06

Total Pages: 313

ISBN-13: 303019941X

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There are few industries in today’s world as dynamic and dramatically changing as the space sector, with new ventures and initiatives being announced on a daily basis. As well as emerging countries improving their launching and manufacturing capabilities, private actors are beginning to join public bodies in the space race, and participating in what is frequently being referred to as the new space era. With fantastic opportunities arising for business and economics, this book provides a comprehensive overview of the space sector, exploring recent initiatives, and the most important areas of investment in the industry, including emerging fields of activities such as asteroid mining and space tourism. It also addresses traditional and non-traditional security issues in the sector, together with discussing their legal implications. This interdisciplinary book provides insights for practitioners and researchers alike, particularly those involved in technology and innovation management, emerging markets, international relations, and security studies.