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EU’s Policy and Practice for International Investment Agreements in the Post-Crisis Era: Evolution,Innovation and Inspiration
Author(s): 
Pages: 137-146
Year: Issue:  6
Journal: Journal of Xiamen University(Arts & Social Sciences)

Keyword:  post-crisis eraEUinternational investment agreementsfair and equitable treatmentinvestor-state dispute settlement;
Abstract: Since 2010,under the effects of the global economic crisis in the U. S and the EU as well as the internal pressure and the external trends,the focus of the EU’s policy and practice for international investment agreements( IIAs)has shifted from investor protection to the balancing of the investor protection and the host state’s right of regulation for legitimate public policy purposes. The EU has been particularly innovative in fair and equitable treatment( FET),most- favored-nation treatment( MFN) and investor- state dispute settlement( ISDS) in its IIAs. The EU’s FET has reasonable coverage,certainty,consistency and flexibility,its MFN ensures smooth upgrades of the paradigm shift of its IIAs,and its ISDS reflects the nature of the transnational public law governing investment disputes. The EU is becoming an innovator,leader and promoter of the evolution,reform and transformation of the international investment regime. The EU’s IIA policy and practice offer some significant inspirations and lessons for other states including China. China should develop a new generation of IIA models and be more proactive in creating a uniform and balanced high-level global multilateral investment regime.
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