EU Foreign Investment Law
The regulation of foreign investment represents one of the most topical and controversial subjects in European Union law and international investment law. EU foreign investment law is emerging as a critically important issue, particularly since the introduction of EU competence over foreign direct i...
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| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
Oxford :
OUP Oxford
2011.
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| Colección: | EBSCO Academic eBook Collection Complete.
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| Acceso en línea: | Conectar con la versión electrónica |
| Ver en Universidad de Navarra: | https://innopac.unav.es/record=b32570144*spi |
Tabla de Contenidos:
- Cover; Title Page; Copyright; Dedication; Contents; Table of Cases; Table of Treaties and EU Legislative and Policy Instruments; List of Abbreviations; Introduction; I The Conceptual and Normative Framework of EU Foreign Investment Law; 1 The Origins, Definition, and Scope of EU Foreign Investment Law; 1.1 The origins of EU foreign investment law; 1.1.1 The rationale behind international regulation of foreign investment; 1.1.2 The emergence of international norms on foreign investment; 1.1.3 The evolution and development of EU foreign investment law pre-Lisbon.
- 1.2 Definition of foreign investment1.2.1 Definitions of foreign investment in international law; 1.2.1.1 The meaning of 'investment'; 1.2.1.2 Characteristics of investment; 1.2.1.3 The notion of 'foreign'; 1.2.1.4 Definition of foreign investment in the OECD and the WTO; 1.2.2 Definition of foreign investment in EU law; 1.2.2.1 The notion of foreign direct investment under EU law; 1.2.2.2 Defining other (non-direct) forms of foreign investment under EU law; 1.2.2.3 The notion of foreign investments in EU IIAs; 1.2.3 Concluding remarks; 1.3 The regulatory scope of EU foreign investment law.
- 1.3.1 Outward and inward investments1.3.2 Admission of foreign investment; 1.3.2.1 Capital movements; 1.3.2.2 Establishment of foreign investors; 1.3.3 Post-admission treatment and operation of foreign investment; 1.3.3.1 General standards of treatment of foreign investment; 1.3.3.2 Specific issues of foreign investment operation; 1.3.4 Protection against expropriation and other political risks; 1.3.5 Dispute settlement; 1.3.6 Promotion of foreign investment; 1.3.7 Concluding remarks; II The Scope, Content, and Objectives of EU Foreign Investment Law; 2 EU Competence over Foreign Investment.
- 2.1 General principles of EU external competence2.1.1 Existence of EU competence; 2.1.2 Exclusivity of EU competence; 2.2 EU competence over admission and operation of FDI; 2.2.1 Competence over capital movements; 2.2.1.1 The scope of the capital movements provisions; 2.2.1.2 The relevance of the capital movements provisions for establishment of FDI; 2.2.2 Competence over establishment and post-establishment treatment of FDI under the EC Treaty; 2.2.2.1 Competence over initial establishment based on Article 133 TEC; 2.2.2.2 Competence over initial establishment based on implied powers.
- 2.2.2.3 Competence over post-establishment treatment2.2.3 Competence over establishment and post-establishment treatment of FDI after the Lisbon Treaty; 2.2.3.1 The scope of FDI competence; 2.2.3.2 The exclusive nature of FDI competence; 2.2.4 Competence over specific issues relating to the operation of FDI; 2.2.4.1 Competence over performance requirements; 2.2.4.2 Competence over investment-related movement of natural persons; 2.2.4.3 Competence over investment guarantee; 2.3 EU competence over portfolio investment.
