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The EU Approach to International Investment Agreements

  • Vivian Kube
Chapter
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Part of the Interdisciplinary Studies in Human Rights book series (CHREN, volume 4)

Abstract

The following section gives an overview of the EU approach to international investment regulation and analyses whether they are adequately responding to the human rights tensions identified in Chap. 4. Many protection standards have evolved over time and have been constructed by arbitration and literature as to some degree independent principles and standards of good governance. In addition, marginal variations within the treaty texts have often been ignored by arbitral practice. Therefore, the treaty makers, if intending to regain legislative control or diverge from previous practices, have to be explicit. The intention to impose a restrictive understanding or a roll-back of a standard has to be expressed clearly, especially in the context of highly debated issues. Bearing this in mind, each section summarizes the tensions between the respective rule and human rights as elaborated in the previous chapter, subsequently analyses the EU approach and concludes whether the EU is solving, mitigating, neutral to or deepening the problem (Sect. 5.2). Further, the EU policy to dispute settlement in investment matters is assessed with a focus on the entry barriers for human rights interests as identified in the previous chapters (Sect. 5.3).

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Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  • Vivian Kube
    • 1
  1. 1.HamburgGermany

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