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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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


ISBN13: 9781509907045
Published: June 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £31.99
Hardback edition , ISBN13 9781849465427



Low stock.

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.

Subjects:
International Trade, EU Law
Contents:
1. Introduction: EU Legal Integration in the Field of Foreign Direct Investment
I Setting the Scene: European Integration and FDI
II European FDI Policies and the Liberalisation of FDI
III European Integration and Investment Protection
IV Definitions of FDI in Different Types of International Instruments
V International Rule-making in the Field of FDI
VI Scope and Structure of this Study
2. The Operation of the Internal Market Mechanism in relation to Direct Investment
I Internal Market Integration in the Field of Direct Investment
II Admission of Third-Country Direct Investment Into the Single Market and Issues of Demarcation between Articles 49/54 and 63 TFEU
III Post-Establishment Treatment of Third-Country Direct Investment in the Single Market
IV Conclusion
3. The Lisbon Reform of the Common Commercial Policy: Implications for Union Competence and Practice in the Field of FDI
I Union External Competence in the Field of FDI Before and After Lisbon
II Implications of the Lisbon Reform of the CCP for the Union's Treaty-making Practice in the Field of FDI
III The Lisbon Reform of the CCP and Inward FDI into the Single Market
IV Conclusion
4. The Interplay between EU Law and Member State Bilateral Investment Agreements with Third Countries
I Member State Practice of Concluding BITs and their Substantive Interaction with EU Law
II The EU Legal Framework that Governs the Interplay between EU Law and Member State BITs with Third Countries
III Post-Lisbon Developments with Regard to the Member States' Practice of Concluding BITs with Third Countries
IV Conclusion
5. The Interplay between EU Law and Intra-EU Bilateral Investment Agreements
I Historical Background to the Phenomenon of Intra-EU BITs
II The EU Legal Order and Investment Protection
III EU Law and Intra-EU BITs: Constitutional Aspects
IV Intra-EU BITs and the EU Principle of Equal Treatment
V Investor-State Arbitration under Intra-EU BITs and the Autonomy of the EU Legal Order
VI Conclusion
6. Conclusion
I The Union's Post-Lisbon FDI Competence and its Exercise
II The Internal Market Freedoms and Inward FDI
III EU Law and Member State BITs
IV Future Direction of EU Legal Integration in the Field of FDI

Series: Modern Studies in European Law

Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published November 2018
Hart Publishing
£40.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published June 2018
Hart Publishing
£80.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published June 2017
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£90.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published May 2017
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£63.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
To be published April 2017
Hart Publishing
£60.00
EU Liability and International Economic Law ISBN 9781509901593
To be published March 2017
Hart Publishing
£60.00
The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
To be published December 2016
Hart Publishing
£23.99
£31.99
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
Hart Publishing
£24.99
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
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£30.00
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
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£60.00
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
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£49.99 + £10.00 VAT
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European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
Hart Publishing
£45.82 + £9.17 VAT
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European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
Hart Publishing
£45.82 + £9.17 VAT
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Published November 2015
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£55.00
Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
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£45.82 + £9.17 VAT
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Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
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£60.00
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
Hart Publishing
£2140.83 + £428.17 VAT
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Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
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£50.00
The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
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£68.00
The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
Published September 2015
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£54.16 + £10.83 VAT
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Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
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£41.66 + £8.33 VAT
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
Hart Publishing
£23.99
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
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£37.49 + £7.50 VAT
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The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
Hart Publishing
£48.00
European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
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£20.82 + £4.17 VAT
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
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£50.00
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£65.00
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EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
£20.82 + £4.17 VAT
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£25.00
£41.66 + £8.33 VAT
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Services and the EU Citizen ISBN 9781849464260
Published April 2013
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£55.00
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
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Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
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£60.00
£49.99 + £10.00 VAT
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Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
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£62.49 + £12.50 VAT
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Federalism in the European Union ISBN 9781849462426
Published September 2012
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£75.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
Published June 2012
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£19.99 + £4.00 VAT
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
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£60.00
Publication Abandoned