Competence Shift on FDI from the EU Member States to the EU
This memorandum examines the shift of competence on FDI to the EU. With a focus on the long term developments of EU IIAs, the analysis contains five core parts. First, it address the inclusion of FDI in the Common Commercial Policy, its definition, and the context. Second, it discusses whether EU IIAs will be mixed or “pure” Union Agreements. Third, it elaborates on the allocation of international responsibility for IIAs. Two options are discussed: the most probable WTO like system and an ECT like system. Fourth, it analyzes possible dispute settlement mechanisms, through recourse to internal tribunals, through international law, or through a new system with panels and appeal. Fifth and finally, it articulates the ways of enforcement against EUMS and the EU.
Tom Moerenhout and Facundo Perez Aznar