Introduction

The EU has finally managed to witness the Lisbon Treaty's entry into force. Unfortunately, while the Lisbon Treaty solves problems of the past, it also creates new ones. The treaty provided EU exclusive competence on foreign direct investment (FDI). In the process of drafting the Constitutional Treaty (precursor of the Lisbon Treaty which as such never entered into force), the provision concerning the shift of competence on FDI was included at a very late stage of the negotiations reflecting developments in the WTO Doha negotiation round. During the Lisbon Treaty negotiations, the ...