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Weaponizing EU State Aid Law to Impact the Future of EU Investment Policy in the Global Context

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  • © 2022

Overview

  • Provides an overarching approach towards the interplay of state aid rules and EU investment policy
  • Takes a double-sided approach, looking at the issue from both the internal and external perspective
  • Covers a very topical and evolving area of EU law and international investment law

Part of the book series: Studies in European Economic Law and Regulation (SEELR, volume 23)

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Table of contents (8 chapters)

Keywords

About this book

This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment protection. 
Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book analyses the interaction of the EU’s trade, state aid and investment policy. This is done by posing the following research question: How is EU state aid law shaping the future of EU investment policy in a global context? Further, the book puts forward three corresponding arguments. First, this influence can be seen in the EU’s incorporation of clauses promoting fair competition and state aid policy in international trade agreements. Second, EU state aid law and policy contributed to recent internal developments which led the Member States to terminate their bilateral agreements with each other (intra-EU BITs) by the end of 2019. Third, the EU has been working to replace the BITs between its Member States and third countries (extra-EU BITs) with its own trade agreements, which are aligned with EU legislation. This combined analysis of EU law and international law yields a number of interesting conclusions.


The book addresses a highly topical and rapidly evolving area of EU law and international investment law. It is also the first book to provide a comprehensive approach to the interplay of state aid rules and EU investment policy internally and externally, i.e., within the EU and on a global scale. As such, it closes an important gap in the extant literatureon international and EU law. 


Authors and Affiliations

  • Griffith University’ LFC, Gold Coast, Australia

    Pamela Finckenberg-Broman

About the author

Dr Pamela Finckenberg-Broman is an Adjunct Member of Griffith University’ LFC. She has a background as an international businesswoman with a passion for international economic law and EU law and enjoys interdisciplinary research. In the area of law and technology she is co-creator and co-author in the RAiLE© research project, studying legal disruption caused by semiautonomous/autonomous AI’s combined with robotic embodiments.

Bibliographic Information

  • Book Title: Weaponizing EU State Aid Law to Impact the Future of EU Investment Policy in the Global Context

  • Authors: Pamela Finckenberg-Broman

  • Series Title: Studies in European Economic Law and Regulation

  • DOI: https://doi.org/10.1007/978-3-031-10108-3

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022

  • Hardcover ISBN: 978-3-031-10107-6Published: 29 September 2022

  • Softcover ISBN: 978-3-031-10110-6Published: 02 October 2023

  • eBook ISBN: 978-3-031-10108-3Published: 28 September 2022

  • Series ISSN: 2214-2037

  • Series E-ISSN: 2214-2045

  • Edition Number: 1

  • Number of Pages: XXV, 309

  • Number of Illustrations: 1 b/w illustrations

  • Topics: European Economic Law, Dispute Resolution, Mediation, Arbitration, International Economics

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