Responsibility of the EU and the Member States under EU International Investment Protection Agreements PDF Download
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Author: Philipp Theodor Stegmann
Publisher: Springer
ISBN: 3030043665
Category : Law
Languages : en
Pages : 381
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Book Description
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 dispute under 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.
Author: Philipp Theodor Stegmann
Publisher: Springer
ISBN: 3030043665
Category : Law
Languages : en
Pages : 381
Get Book Here
Book Description
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 dispute under 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.
Author: Pascal Fontaine
Publisher:
ISBN: 9789279535901
Category : Europe
Languages : en
Pages : 114
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Book Description
Author: Paul Stephenson
Publisher: Routledge
ISBN: 1000223558
Category : Political Science
Languages : en
Pages : 333
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Book Description
This book offers comprehensive coverage of various aspects of financial accountability around the EU budget – how it is spent via policies, how institutions engage in checking policy performance (what taxpayers’ money actually delivers), and therein, the issues of monitoring, controlling, auditing, scrutinising and communicating budgetary expenditure. Presenting conceptual and theoretical approaches including financial accountability, learning, multi-level governance, implementation and throughput legitimacy, it looks at EU institutions (European Parliament, European Court of Auditors, European Ombudsman, European Public Prosecutor’s Office) and national bodies (supreme audit institutions at the national level), examining their contact with the EU budget. It details the historical development of accountability mechanisms (the ‘statement of assurance’, financial corrections, and parliamentary oversight by the Budgetary Control Committee (CONT)), and examines policy areas such as those of agriculture, social policy and cohesion (including Structural Funds and the Common Agricultural Policy), exploring the challenges of financial accountability in practice. Given the recent introduction of non-budgetary financial instruments and tools only partly financed by the EU budget, it sheds light on new burgeoning areas such as the European Stability Mechanism (ESM) and the European Fund for Strategic Investment (EFSI) and the challenges they bring for ensuring the accountability of public money. This book will be of key interest to scholars and students of audit and evaluation, budgetary spending and financial control and, more broadly, public administration, public policy and EU institutions and politics.
Author: Mr.J. D. Craig
Publisher: International Monetary Fund
ISBN: 155775697X
Category : Business & Economics
Languages : en
Pages : 50
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Book Description
Transparency in government operations is widely regarded as an important precondition for macroeconomic fiscal sustainability, good governance, and overall fiscal rectitude. Notably, the Interim Committee, at its April and September 1996 meetings, stressed the need for greater fiscal transparency. Prompted by these concerns, this paper represents a first attempt to address many of the aspects of transparency in government operations. It provides an overview of major issues in fiscal transparency and examines the IMF's role in promoting transparency in government operations.
Author: Carl Fredrik Bergström
Publisher: Oxford University Press
ISBN: 019284928X
Category : Financial instruments
Languages : en
Pages : 369
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Book Description
The proper functioning of the EU financial market is protected by public actors - both national and supranational - responsible for rulemaking and supervision of investment firms and other private actors. At the same time the effectiveness of the EU legal system requires vigilance from private actors such as investment firms but also their clients, invoking their rights before national authorities and courts. This means that investment firms have a dual role within the system, turning them into subjects of control and enforcement but also agents in the maintenance of the rule of law. Legal Accountability in EU Markets for Financial Instruments brings together a group of scholars with expertise from different legal disciplines but a shared interest for the EU internal market and the way it develops. It integrates a modern study of the form and function of EU rulemaking in the internal market after the financial crisis. The book includes an evaluation of core aspects of rulemaking in the financial market and that way provides a cross-cutting treatment of EU law. The focus of the book is set on the regulatory framework in MiFIDII and MiFIR and thematic questions around legal mechanisms for accountability and the role of investment firms in the operation of those mechanisms. It further discusses the implications for EU law and the EU legal system and gives readers a thorough understanding of the concept of accountability through its own findings.
Author: Armin von Bogdandy
Publisher: Springer Nature
ISBN: 366262317X
Category : Law
Languages : en
Pages : 478
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Book Description
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author: European Investment Bank
Publisher: European Investment Bank
ISBN: 9286148151
Category : Business & Economics
Languages : en
Pages : 87
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Book Description
The inside story of the European Fund for Strategic Investments from 2015 to 2020 told through interviews with the Managing Director, Deputy Managing Director, members of the Investment Committee and final beneficiaries across Europe. The architects of this €500 billion-plus programme, the head of the EU bank and the president of the European Commission, describe the genesis of this financial pillar of the Investment Plan for Europe. Then the people who ran one of the biggest economic stimulus programmes in history detail how they did it—and what the lessons are for policymakers responding to new crises, including the economic shock caused by the COVID-19 pandemic. The European Fund for Strategic Investments has been one of the good news stories to emerge in a decade of economic uncertainty. It has gone well beyond its highly ambitious target of €500 billion in mobilised investments. The Juncker Plan has made a strong contribution to the 14 million jobs created in the EU between 2015 and 2020. It has become a success in co-financing projects that otherwise might not have been carried through. It has also charted the path towards new ways of financing. This is not only the case in relatively conventional areas, such as infrastructure, but also in sectors like research and innovation or the contribution to climate change mitigation. This is exactly what makes EFSI so ground-breaking: responding to the needs of the market through continuous financial innovation. The principle of the European Fund for Strategic Investments is here to stay. It has paved the way for its successor, the InvestEU programme, which is to be deployed under the 2021-2027 multiannual financial framework. This publication details why the programme was such a success.
Author: Michael Emerson
Publisher: CEPS
ISBN: 9290797339
Category : Andorra
Languages : en
Pages : 152
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Book Description
Author: Mr.Roel M. W. J. Beetsma
Publisher: International Monetary Fund
ISBN: 1484348281
Category : Business & Economics
Languages : en
Pages : 28
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Book Description
Countries increasingly rely on independent fiscal councils to constrain policymakers’ discretion and curb the bias towards excessive deficits and pro-cyclical policies. Since fiscal councils are often recent and heterogeneous across countries, assessing their impact is challenging. Using the latest (2016) vintage of the IMF Fiscal Council Dataset, we focus on two tasks expected to strengthen fiscal performance: the preparation or assessment of forecasts, and the monitoring of compliance with fiscal rules. Tentative econometric evidence suggests that the presence of a fiscal council is associated with more accurate and less optimistic fiscal forecasts, as well as greater compliance with fiscal rules.
Author: Tomas Fecak
Publisher: Kluwer Law International B.V.
ISBN: 9041168931
Category : Law
Languages : en
Pages : 455
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Book Description
The rapidly growing number of investors’ disputes with states and the approach of arbitral tribunals, perceived by some, whether rightly or not, as being too investor-friendly, underlie a contentious debate about the need to strike a more effective balance between investors’ rights under international investment agreements (IIAs) and the right of states to pursue legitimate regulation in the public interest. In this regard the European Union, with the exclusive external competence in foreign direct investment vested in it under the Lisbon Treaty, is emerging as the leader and driving force in the future development of international investment law. This book examines the competence of the EU to conclude investment treaties in the light of the investment protection rules of IIAs, explores how far the EU regime for cross-border investment and investors’ rights under IIAs can be considered comparable, and brings about an extensive analysis of existing agreements of Member States and their compatibility with EU law, with detailed investigation of how the potentially conflicting obligations of Member States under the two regimes can be reconciled. The book covers such elements of the debate as the following: • ‘standards of treatment’ under IIAs; • investment-related provisions of EU law; • dispute settlement mechanisms and the conduct of investment disputes; • how recent controversies over bilateral investment treaties (BITs) shape emerging EU international investment policy; • effect of political and institutional interests; • transitional arrangements for BITs between Member States and third countries established by Regulation 1219/2012; • CJEU decisions concerning BITs concluded between EU Member States and third countries; • significant arbitral awards involving intra-EU BITs; • allocation of international responsibility for breaches of investors’ rights; • intra-EU dimension of the Energy Charter Treaty (ECT); • possibilities for review of arbitral awards by courts of Member States; • desirability of international protection of foreign investment in developed countries; and • role of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) The author provides a number of well-grounded recommendations, taking into account throughout the legitimate interests and expectations of individual investors. As an invaluable commentary on developments related to the interplay between international investment law and EU law, and a guide to ameliorating the tensions and controversies surrounding this relationship, this book will appeal to a wide variety of readers. The questions dealt with are faced not only by negotiators and others involved in policymaking in the area of foreign investment, but also by specialists in international investment law, investment arbitration, EU international relations law, and anyone involved in cross-border law, as well as others who encounter these questions in the course of their professional or academic activities.
