IDEAS home Printed from https://ideas.repec.org/a/spr/wirtsc/v94y2014i7p459-478.html
   My bibliography  Save this article

Investitionsschutzabkommen: mehr Rechtssicherheit oder verzicht auf Souveränität?

Author

Listed:
  • Henning Klodt
  • Martin Klein
  • Marc Bungenberg
  • Gabriel Felbermayr
  • Gerhard Schick

Abstract

Bilateral investment treaties (BITs) and investor-state dispute settlements (ISDS) have become highly controversial. The authors review the evidence and discuss the pros and cons of BITs and other investment agreements. Many observers are concerned that Transatlantic Trade and Investment Partnership (TTIP) regulations on investment protection could be abused by international corporations to obtain unjustifi ed compensation from EU member states. These concerns are to some extent legitimate and should be considered more seriously in the EU negotiation strategy. International investment agreements (IIA) are necessary when host countries of FDI do not have reliable and independent judicial systems. To avoid abuse and to account for the increasing role of global production chains, agreements require more precise defi nitions, and ISDS needs to be more transparent and independent. With the EU developing its own new approach independently (and differently) from the one taken in the past by its member states, the current negotiations of “mega-regionals”, as well as the fi rst standalone EU IIA with China, offer the unique possibility to answer current critique around international investment law. Is there, in the current documents, an IIA2.0 that strengthens the right to regulate and holds up high protection standards for investors? The exclusion of ISDS from TTIP negotiations risks missing a unique chance to improve the current less than perfect international investment regime. Copyright ZBW and Springer-Verlag Berlin Heidelberg 2014

Suggested Citation

  • Henning Klodt & Martin Klein & Marc Bungenberg & Gabriel Felbermayr & Gerhard Schick, 2014. "Investitionsschutzabkommen: mehr Rechtssicherheit oder verzicht auf Souveränität?," Wirtschaftsdienst, Springer;ZBW - Leibniz Information Centre for Economics, vol. 94(7), pages 459-478, July.
    • Handle: RePEc:spr:wirtsc:v:94:y:2014:i:7:p:459-478
    DOI: 10.1007/s10273-014-1699-1
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1007/s10273-014-1699-1
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1007/s10273-014-1699-1?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Felix Ekardt & Paula Roos & Marie Bärenwaldt & Lea Nesselhauf, 2023. "Energy Charter Treaty: Towards a New Interpretation in the Light of Paris Agreement and Human Rights," Sustainability, MDPI, vol. 15(6), pages 1-18, March.
    2. Gabriel Felbermayr & Erdal Yalcin, 2016. "Involvement of German Companies in Africa," ifo Forschungsberichte, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, number 71.

    More about this item

    Keywords

    F21; F53; K33;
    All these keywords.

    JEL classification:

    • F21 - International Economics - - International Factor Movements and International Business - - - International Investment; Long-Term Capital Movements
    • F53 - International Economics - - International Relations, National Security, and International Political Economy - - - International Agreements and Observance; International Organizations
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:wirtsc:v:94:y:2014:i:7:p:459-478. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.