Abstract

The recognition of the legitimacy of investor-state dispute settlement (ISDS) within the European Union (EU) has become an issue since the Lisbon Treaty granted the EU the exclusive competence over Foreign Direct Investment (FDI). Since then, questions have been raised about how the EU would have acted in the field of FDI and, particularly, about how it would have framed the substance of new investments agreements. With regard to the inclusion of the arbitration clause in treaties negotiated by the EU, the article attempts to show that currently there are two conflicting tendencies. On ...