EU Exclusive and Bilateral Agreements
Knowledge, Bocconi, 15 November, 2011.
After the Lisbon Treaty Anna De Luca, in a book chapter, discusses the extension of the Union's competence in common trade policy to cover foreign direct investments.
With the Lisbon Treaty, which came into force on December 1, 2009, EU has exclusive competence over trade policy. Such external competence is extended to foreign direct investment. On such issues, only the EU can negotiate and sign international agreements with third countries, which are also binding for member states.
In her New developments on the scope of the EU Common Commercial Policy under the Lisbon Treaty: Investment Liberalization vs Investment Protection? (in K. P. Sauvant, ed., Yearbook on International Investment Law and Policy, Oxford University Press, forthcoming) Anna De Luca (Department of Law) discusses such extension of competence to foreign direct investment. In particular, she critically analyzes the position of the European Commission...
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