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Challenging the Notion of Coherence in EU Foreign Investment Policy

Journal article
Authors Hannes Lenk
Published in European Journal of Legal Studies
Volume 8
Issue 2
Pages 6-20
ISSN 1973-2937
Publication year 2015
Published at Department of Law
Pages 6-20
Language en
Keywords BITs, coherence, intra-EU, extra-EU, EU foreign investment policy
Subject categories European law

Abstract

There have long been demands for more coherence in EU external action. The Lisbon Treaty has introduced important institutional changes in this respect. However, coherence – in the broad sense of a positive process that is focused on establishing synergies between various policy fields and actors – is still largely lacking for an EU foreign investment policy. An institutional bifurcation of different Directorates General puts fuel to the fire of a conceptual confusion of intra-EU and extra-EU investment agreements. As a consequence, overarching concerns such as compatibilitywith the principle of autonomy or effects of investor-state arbitration on the internal market are missing a coherent approach.

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