The Scope of Application of EU (Model) Investment Agreements

in The Journal of World Investment & Trade
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The contribution examines the personal and material scope of application of future eu International Investment Agreements. Therefore the notions of 'investor' and 'investment' are discussed. The scope of application of iias is one of the most important issues in investment law, as it determines the application of material standards as well as the possibility of investor state dispute settlement. On a comparative basis, the chapter examines the eu approach to this issue. Also the coverage of State owned Enterprises as well as Sovereign Wealth Funds is paid specific attention to. Especially the draft investment chapter of the EU-Canada Comprehensive Economic and Trade Agreement (ceta) is taken as a first orientation for possible wording and structure as well as intention of the scope of application of future eu iias.

The Journal of World Investment & Trade

Law • Economics • Politics

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References

5

European Parliament, supra note 2, pp. 34 et seq.

23

European Parliament, supra note 2, para. 14.

41

European Parliament, supra note 29, pt. 32.

44

European Commission, supra note 35: Tr ansparency practices that could be considered would include: – An nual disclosure of investment positions and asset allocation, in particular for – in vestments for which there is majority ownership; – Ex ercise of ownership rights; – Di sclosure of the use of leverage and of the currency composition; – Si ze and source of an entity’s resources; – Di sclosure of the home country regulation and oversight governing the swf.

47

Of December 1960, bgbl. II 1962, 1064 – 1075 <www.unctad.org/sections/dite/iia/docs/bits/germany_malaysia.pdf> ( 5 March 2014).

51

European Parliament, supra note 2, pt. 12.

52

European Parliament, supra note 29, pt. 5.

59

Knahr, supra note 58; see also Apotex Inc. v. The Government of the United States of America, nafta/uncitral, Award on Jurisdiction and Admissibility, 14 June 2013, para. 160 et seq.

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