Overview
- 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
Part of the book series: European Yearbook of International Economic Law (EUROYEAR, volume 6)
Part of the book sub series: EYIEL Monographs - Studies in European and International Economic Law (EYIELMONO)
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Table of contents (7 chapters)
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Front Matter
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Back Matter
Keywords
- Allocation between EU and the Member States
- respondent status
- respondent determination mechanis
- international responsibility of the EU
- apportionment of financial responsibility
- proceduralisation
- federalisation
- international investment protection agreements
- European Union
- International Economic Law
- european union politics
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: Responsibility of the EU and the Member States under EU International Investment Protection Agreements
Book Subtitle: Between Traditional Rules, Proceduralisation and Federalisation
Authors: Philipp Theodor Stegmann
Series Title: European Yearbook of International Economic Law
DOI: https://doi.org/10.1007/978-3-030-04366-7
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-04365-0Published: 05 February 2019
eBook ISBN: 978-3-030-04366-7Published: 24 January 2019
Series ISSN: 2364-8392
Series E-ISSN: 2364-8406
Edition Number: 1
Number of Pages: XIX, 368
Topics: European Law, International Economic Law, Trade Law, European Union Politics