Competence to conclude international investment agreements - Exclusive to the European Union or vested in Member States?

The Lisbon Treaty changing primary law

Diploma Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: Sehr Gut (Very Good), 1, University of Vienna (Institut für Europarecht, Internationales Recht und Rechtsvergleichung), course: Diploma-Seminar in European Union Law, language: English, abstract: The scope of the new Common Commercial Policy covers competence to conclude general obligations on the liberalization of capital transfer with relation to FDI and establishment. It is not limited to the market access phase. However, provisions concerning portfolio investment and minority participations in enterprises are not covered. It remains uncertain whether the new wording enables the EU to include policies to protect against expropriation and dispute-settlement clauses in its agreements. Although the Reform Treaty confers considerable competences to the EU, major parts of common Bilateral Investment Treaties do not fall within the scope of the new CCP. Hence, the Member States may continue to conclude their own specific agreements while the EU obtains more flexibility in negotiations and strengthens its position on the international scene. Additionally, the Lisbon Treaty slightly strengthens the power of the European Parliament.