英文摘要 |
The launch of the EU comprehensive investment policy represents one of the most significant development in the area of international investment law in recent years. Since the entry into force of the Treaty of Lisbon in 2009, the scope of the EU’s exclusive competence has been extended to include competence by negotiating comprehensive investment agreements covering investment liberalization, investment protection and sustainable development. These agreements will gradually replace BITs signed by individual Member States. The freshly concluded CETA with Canada and FTA with Singapore are the first two products of the EU comprehensive investment policy. Compared to member State BITs, these two agreements substantially recalibrated investment protection provisions, with a view to rebalancing investors’ rights and host countries’ public interests and improving the legitimacy of ISDS regime. This suggests an ongoing trend of convergence between the EU and China on treaty practice. However, divergence remains deep on a variety of rules, which might be the key challenges to successfully negotiating a China—EU BIT. |