The Impact of Investment Treaty Commitments on the Design and Operation of EU Investment Screening Mechanisms

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This chapter asks how and why investment treaty obligations of the EU or its Member States may affect the design and operation of EU and Member State investment screening mechanisms. It examines the scope of application of such investment treaty obligations in the area of investment screening on grounds of security or public order. It then assesses the potential for norm conflicts between such treaty obligations and legal acts of the EU or its Member States relating to investment screening by considering the manner in which such obligations are to be applied, taking stock of both the material content of the main applicable protection standards and available general and security exceptions. Finally, the chapter explores the available legal remedies by means of which such potential norm conflicts may be resolved and considers the effects of such remedies on the functioning of investment screening mechanisms.
Original languageEnglish
Title of host publicationA Common European Law on Investment Screening (CELIS)
EditorsSteffen Hindelang, Andreas Moberg
Place of PublicationCham
PublisherSpringer Nature Switzerland AG
ISBN (Electronic)978-3-030-43757-2
ISBN (Print)978-3-030-43759-6, 978-3-030-43756-5
Publication statusPublished - 1 Aug 2020

Publication series

SeriesYSEC Yearbook of Socio-Economic Constitutions

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