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This book provides a comprehensive portrait of how international
responsibility of the EU and the Member States is structured under
the EU's international investment protection agreements. It
analyses both the old regime as represented by the Energy Charter
Treaty and the new regime as represented by the new EU investment
treaties, such as CETA, TTIP, the EU-Singapore Agreement and the
EU-Vietnam Agreement. The international responsibility of the EU,
being a "special" international organisation, is in and of itself
an important and challenging topic in public international law.
However, in the context of international investment law, and
especially with regard to the emerging new EU investment treaties,
the topic is largely unexplored and represents new terrain. The
book promotes the development of law in this area and provide a
springboard for further research. The book puts forth the thesis
that the determination of the EU or a Member State as respondent in
a dispute under the new EU investment treaties has a substantive
effect on the respondent's international responsibility. The
international law effects of the respondent determination will
surely be one of the central topics in future debates on the new EU
investment treaties. The book further compares the EU regulation
that allocates financial burdens between the EU and the Member
States arising out of international investment disputes with the
only other genuinely existing allocation system in federal states
to date, namely that of Germany. The book finally reveals many
shortcomings of the new EU responsibility regime in international
investment law and provides some suggestions on how they can best
be remedied.
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