Responsibility of the EU and the Member States under EU International Investment Protection Agreements: Between traditional rules, proceduralisation and federalisation

By Philipp Theodor Stegmann, published by Springer, 2019

This book provides a comprehensive portrait of how international responsibility of the EU and EU member states is structured under the EU’s international investment protection agreements. It analyzes both the old regime as represented by the ECT and the new regime as represented by the new EU investment treaties, such as CETA and the agreements with Singapore and Vietnam. The book puts forth the thesis that the determination of the EU or an EU member state as respondent in a dispute under the new EU investment treaties has a substantive effect on the respondent’s international responsibility. It compares the EU regulation that allocates financial burdens between the EU and EU 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 reveals shortcomings of the new EU responsibility regime in international investment law and provides suggestions on how they can best be remedied. Available at https://www.springer.com/gp/book/9783030043650