Shaping the Single European Market in the Field of Foreign Direct Investment

Philip Strik is a Legal Adviser in the EU law team in the Ministry of Foreign Affairs of the Netherlands and a member of its Diplomatic Service. He obtained a PhD in European Law at the University of Cambridge on a Gates Scholarship and holds masters degrees in International Relations (MPhil) from the University of Oxford and in European Law (LLM) from the University of Leiden.

• 1 Introduction: EU Legal Integration in the Field of Foreign Direct Investment I Setting the Scene: European Integration and FDI II European FDI Policies and the Liberalisation of FDI III European Integration and Investment Protection IV Definitions of FDI in Different Types of International Instruments V International Rule-making in the Field of FDI VI Scope and Structure of this Study 2 The Operation of the Internal Market Mechanism in relation to Direct Investment I Internal Market Integration in the Field of Direct Investment II Admission of Third-Country Direct Investment Into the Single Market and Issues of Demarcation between Articles 49/54 and 63 TFEU III Post-Establishment Treatment of Third-Country Direct Investment in the Single Market IV Conclusion 3 The Lisbon Reform of the Common Commercial Policy: Implications for Union Competence and Practice in the Field of FDI I Union External Competence in the Field of FDI Before and After Lisbon II Implications of the Lisbon Reform of the CCP for the Union's Treaty-making Practice in the Field of FDI III The Lisbon Reform of the CCP and Inward FDI into the Single Market IV Conclusion 4 The Interplay between EU Law and Member State Bilateral Investment Agreements with Third Countries I Member State Practice of Concluding BITs and their Substantive Interaction with EU Law II The EU Legal Framework that Governs the Interplay between EU Law and Member State BITs with Third Countries III Post-Lisbon Developments with Regard to the Member States' Practice of Concluding BITs with Third Countries IV Conclusion 5 The Interplay between EU Law and Intra-EU Bilateral Investment Agreements I Historical Background to the Phenomenon of Intra-EU BITs II The EU Legal Order and Investment Protection III EU Law and Intra-EU BITs: Constitutional Aspects IV Intra-EU BITs and the EU Principle of Equal Treatment V Investor-State Arbitration under Intra-EU BITs and the Autonomy of the EU Legal Order VI Conclusion 6 Conclusion I The Union's Post-Lisbon FDI Competence and its Exercise II The Internal Market Freedoms and Inward FDI III EU Law and Member State BITs IV Future Direction of EU Legal Integration in the Field of FDI

Strik’s study…is a welcome addition to a field of law that is rapidly changing…He covers a broad spectrum of issues and highlights that a truly Single European Market in the field of direct investment ‘seems to be some way from the current state of affairs’