Weaponizing EU State Aid Law to Impact the Future of EU Investment Policy in the Global Context

This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU. It argues that EU state aid law is influencing the future of EU investment policy through the incorporation of fair competition clauses in international trade agreements, the termination of intra-EU BITs, and the replacement of extra-EU BITs with EU trade agreements.

Format: Hardback
Length: 309 pages
Publication date: 29 September 2022
Publisher: Springer International Publishing AG

This book offers a thorough examination of how EU state aid law is influencing the future of EU investment policy in a global context. It delves into the intricate interplay between EU state aid policy and practice and the EU investment regime on the internal market, as well as its impact on the external trade relations of the Member States and the EU as a whole. The central debate addressed in this book revolves around competence, specifically the question of which body is responsible for defining the scope of state aid law and policy in different contexts and when it intersects with other distinct legal fields, such as investment protection.

Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book conducts a comprehensive analysis of the interaction between the EU's trade, state aid, and investment policies. To address this research question, the book poses the following three corresponding arguments.

Firstly, this influence can be observed in the EU's inclusion of clauses promoting fair competition and state aid policy in international trade agreements.

Secondly, EU state aid law and policy have played a significant role in recent internal developments, leading several Member States to terminate their bilateral investment treaties (BITs) by the end of 2019.

Thirdly, the EU has been actively working towards replacing the BITs between its Member States and third countries with its own trade agreements, which are aligned with EU legislation.

This comprehensive analysis of EU law and international law yields a number of interesting conclusions. The book addresses a highly topical and rapidly evolving area of EU law and international investment law, making it a valuable resource for scholars, policymakers, and practitioners alike.

Furthermore, this book stands out as the first to provide a comprehensive approach to the interplay of state aid rules, contributing to the growing body of literature on this important subject.

Weight: 670g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031101076
Edition number: 1st ed. 2022