Shaping the Single European Market in the Field of Foreign Direct Investment

(Paperback)

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The Treaty of Lisbon (2009) has brought foreign direct investment (FDI) within the scope of the European Union's common commercial policy (CCP). In light of this development, this book analyses the internal and external dimension of EU law and policy in the field of FDI. It takes four perspectives: (i) the operation of the internal market mechanism to direct investment; (ii) the implications of the Lisbon amendments to the CCP under Article 207 TFEU for the Union's competence and practice in the field of FDI; (iii) the interaction between EU law and Member States' bilateral investment treaties (BITs) with third countries; (iv) the interplay between EU law and BITs that are currently in force between two Member States (intra-EU BITs). The book focuses on the extent to which the European Union operates as a Single Market for EU and non-EU investors. In doing so, it analyses the EU and international regulatory framework on the admission, treatment and protection of FDI within, to and from the Single European Market. It uses close jurisprudential analysis and examines the context, purpose and evolution of EU legal integration in the field of FDI. It thereby traces the principles underlying the European international economic order in the field of FDI.

Reviews

Striks studyis a welcome addition to a field of law that is rapidly changingHe covers a broad spectrum of issues and highlights that a truly Single European Market in the field of direct investment seems to be some way from the current state of affairs -- Markus Burgstaller * The Journal of World Investment & Trade *
Striks book represents an extremely thorough and detailed analysis of the Single European Market in the field of FDI and the conclusions drawn are both insightful and enlightening. By shedding light on the dynamics of the interaction between EU law and BITs between Member states, on the one hand, and Member States with third countries, on the other; the book fulfills its objective in determining the extent to which the Single European Market is indeed a single market in the field of FDI. The book is therefore a must read for anyone specifically interested in investigating the EU legal organisation in the field of FDI, not to the exclusion of anyone with a broad interest in EU law. Furthermore, the book will serve as a useful guide and essential reading for scholars and professionals alike with a deep interest in understanding the evolution of EU legal integration and the principles underlying the European international economic order in the field of FDI. It goes without saying that Striks book will serve as a valuable contribution to the literature for which he should be de duly commended. -- Natasha A. Georgiou * Yearbook of European Law *
[Shaping the Single European Market in the Field of Foreign Direct Investment] presents a constructive contribution to the existing and constantly growing literature on EU investment policy. It offers a most useful analysis of the fundamentals in this debate and merits credit for the very thorough and analytical discussion of the relevant case law of the ECJ. the book offers new insights, especially as regards the internal market aspects of FDI. -- Angelos Dimopoulos * Common Market Law Review, Issue 4, 2015 *

Author Bio

Philip Strik is a Legal Adviser in the EU law team in the Ministry of Foreign Affairs of the Netherlands and a member of its Diplomatic Service. He obtained a PhD in European Law at the University of Cambridge on a Gates Scholarship and holds masters degrees in International Relations (MPhil) from the University of Oxford and in European Law (LLM) from the University of Leiden.