Environmental Engineering Reference
In-Depth Information
69
The EU therefore could only stipulate the case of expropri-
ation by an EU organ.
70
property ownership.
'
3.3.1.1 EU Investment Policy
The EU is unwilling to negotiate with all non EU member states separately as
negotiations should be limited to the bigger states (e.g. USA, India, China, Russia,
etc.) and free trade agreements.
71
There is no plan to create a
'
one-size-fits-all
model.
'
72
This was already highlighted in 2010 when the European Commission
mentioned that after notifying an EU member state BIT, the BIT should stay in
force.
73
There was no plan to replace all existing BITs. The European Commis-
sion
s aim is to introduce a common and comprehensive investment policy which
addresses the needs of the investor (European and from other states).
74
The main
idea of the European Commission is to clarify and improve investment protection.
75
Standards of an EU-BIT could encompass non-discrimination, fair and equitable
treatment, umbrella clauses, cultural aspects of the third party, and provision of
adequate compensation.
76
'
It could also include provisions to ensure an effective
dispute settlement.
77
s future action in this field
should be inspired and guided by the best available standards, so as to offer a level
playing field of a high quality to all EU investors.
It is stressed that
(t)he Union
'
'
78
Finally, it is important for the
European Commission to include the same standards which apply within the EU
and its member states (especially concerning human health and the environment).
79
The main goal is to improve investment dispute settlements, to protect the state and
the general public, to create transparency and to avoid any investor claims which
are unlikely to succeed.
80
The European Parliament also stresses that investor protection must be the first
priority.
81
New BITs must be based on best practice experiences by the EU member
states.
82
The European Parliament proposes that non-discrimination, fair and
'
69
Johannsen (
2009
), 5 (16).
70
Griebel (
2009
), 469 (471).
71
Seattle to Brussels Network (
2010
), 13.
72
European Commission (
2010
), 6.
73
Europ
ยจ
ische Kommission (
2010
), 2 and 4.
74
European Commission (
2010
), 5.
75
European Commission (
2013b
), 2.
76
European Commission (
2010
), 8-9; cf European Commission (
2013b
), 2-3.
77
European Commission (
2010
), 9.
78
European Commission (
2013b
), 3; European Commission (
2010
), 6.
79
European Commission (
2010
), 9.
80
European Commission (
2013b
), 8-9 and 10-11.
81
European Parliament (
2011
).
82
European Parliament (
2011
).
