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Robert Basedow

Bio: Robert Basedow is an academic researcher. The author has contributed to research in topics: European union & Entrepreneurship. The author has an hindex of 3, co-authored 3 publications receiving 13 citations.

Papers
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Journal ArticleDOI
TL;DR: In this paper, the authors trace the evolution of the legal competences of the European Union (EU) in international investment regulation from the Spaak Report (1956) to the Lisbon Treaty (2009).
Abstract: The article traces the evolution of the legal competences of the European Union (EU) in international investment regulation from the Spaak Report (1956) to the Lisbon Treaty (2009). It focuses on the question why and how the EU gradually acquired legal competences in this key domain of global economic governance. The analysis suggests that Commission entrepreneurship and spill-overs from other EU policies were the most important factors fuelling the extension of the EU’s legal competences. The Member States, on the other hand, sought to prevent a competence transfer. European business – arguably the main stakeholder – was mostly uninterested or divided regarding the EU’s role in international investment policy. The findings have implications for our perception of business lobbying in international investment policy and potentially for the legal interpretation and delimitation of the EU’s new competences.

8 citations

Journal Article
TL;DR: In this article, the authors investigated the role of the European Union in international investment policy making and argued that European business and the Member States did not promote the emergence of the EU investment policy.
Abstract: The article seeks to explain the emergence of the European Union (EU)’s international investment policy since the 1980s. The article develops two competing explanations. It evaluates whether the Commission acted as policy entrepreneur to consolidate the EU’s role in international investment policy or whether European business lobbied for the ‘brusselization’ of international investment policy making to ensure access to ambitious state-of-the-art international investment agreements. The article traces the EU’s involvement in international investment policy through history. It examines policy-making instances, which shaped the EU’s de facto competences in international investment negotiations and its legal competences under European law. It finds that Commission entrepreneurship promoted the EU’s involvement in international investment negotiations and ultimately ensured due to the procedural particularities of the Convention on the Future of Europe the extension of the EU’s legal competences. European business and the Member States did not promote the emergence of the EU’s international investment policy.

4 citations

Posted Content
TL;DR: In this paper, the authors investigated the role of the European Union in international investment policy making and argued that European business and the Member States did not promote the emergence of the EU investment policy.
Abstract: The article seeks to explain the emergence of the European Union (EU)’s international investment policy since the 1980s. The article develops two competing explanations. It evaluates whether the Commission acted as policy entrepreneur to consolidate the EU’s role in international investment policy or whether European business lobbied for the ‘brusselization’ of international investment policy making to ensure access to ambitious state-of-the-art international investment agreements. The article traces the EU’s involvement in international investment policy through history. It examines policy-making instances, which shaped the EU’s de facto competences in international investment negotiations and its legal competences under European law. It finds that Commission entrepreneurship promoted the EU’s involvement in international investment negotiations and ultimately ensured due to the procedural particularities of the Convention on the Future of Europe the extension of the EU’s legal competences. European business and the Member States did not promote the emergence of the EU’s international investment policy.

3 citations


Cited by
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Book ChapterDOI
TL;DR: In the context of a rising number of preferential trade agreements (PTAs) that include investment protection provisions traditionally found in bilateral investment treaties (BITs), the authors concluded that three categories of countries/regional economic integration organisations (REIOs) exist: those that regularly include investment chapters into their PTAs (Japan, the United States, Canada, the Association of Southeast Asian Nations (ASEAN), Australia and the Caribbean Community (CARICOM)), those that are finding their voice in international investment law and increasingly include such chapters (India, China, the European Union and Chile
Abstract: In the context of a rising number of preferential trade agreements (PTAs) that include investment protection provisions traditionally found in bilateral investment treaties (BITs), this chapter has a double purpose. First, based on an empirical analysis of 158 post-North American Free Trade Agreement (NAFTA) PTAs, we conclude that three categories of countries/regional economic integration organisations (REIOs) exist: those that regularly include investment chapters into their PTAs (Japan, the United States, Canada, the Association of Southeast Asian Nations (ASEAN), Australia and the Caribbean Community (CARICOM)), those that are finding their voice in international investment law and increasingly include such chapters (India, China, the European Union and Chile) and those that have an adverse position towards it (Brazil and the Southern Common Market (MERCOSUR)) or defer the inclusion of such provisions to further negotiations (African Plurilaterals, Morocco and South Africa). Second, we look at the drivers behind including/excluding investment protection provisions in/from PTAs. Some drivers will be readily apparent from the data collected for the purpose of answering the first question, while other drivers will need a more detailed discussion. These drivers are: (a) the weaker party accepts/uses templates of more powerful states; (b) states/REIOs wish to pursue more comprehensive and resource-friendly negotiations; (c) states/REIOs want to achieve a more coherent application of international economic law.

9 citations

Book
Volker Roeben1
25 Jan 2018
TL;DR: The European Energy Union aims to provide secure, sustainable and affordable energy throughout the cycle of production, transport and consumption as mentioned in this paper, and the legal regime underpinning this regulatory strategy, which integrates EU law with international law and with the law of the member states and affiliated states.
Abstract: The European Union is poised to establish a genuine European Energy Union with the new powers conferred on it by the Lisbon Treaty. Since 2014, it has been developing and implementing an energy strategy that responds to the three overarching priorities of climate change, political security, and economic competitiveness by 2030. The European Energy Union aims to provide secure, sustainable and affordable energy throughout the cycle of production, transport and consumption. This book outlines the legal regime underpinning this regulatory strategy, which integrates EU law with international law and with the law of the member states and affiliated states. It analyses and explains the increasing interaction between these legal orders in achieving the shared objective of transforming the European and global energy systems. This book will appeal to scholars and students of energy law and policy at both European and international levels.

8 citations

01 Jan 2017
TL;DR: In this paper, a detailed assessment of German and EU international investment policymaking before and after the entry into force of the Treaty of Lisbon, in-depth case studies of major international investment negotiations and an evaluation of the changing design of European international investment agreements are presented.
Abstract: Does European business lobby for international investment agreements? In the public debate, international investment policymaking has become almost synonymous with a policy domain subject to an undue influence of business on policy outcomes. This paper argues that business preferences and lobbying have little effect on outcomes in international investment policy. The perceived beneficial effects of international investment agreements are small, distant and uncertain, which results in limited business lobbying. Instead, bureaucratic politics seems to decisively shape international investment policymaking in Europe. The paper confirms these hypotheses by means of a detailed assessment of German and EU international investment policymaking before and after the entry into force of the Treaty of Lisbon, in-depth case studies of major international investment negotiations and an evaluation of the changing design of European international investment agreements. It concludes with a discussion of the TTIP negotiations as an important outlier to the generally observed passivity of European business in this domain.

8 citations

Book
Johanna Jacobsson1
05 Dec 2019
TL;DR: In this paper, the authors provide an in-depth analysis of the relevant GATS rules, put forward a practical method to analyze services PTAs, and applied the method to services agreements concluded by the EU.
Abstract: Preferential Services Liberalization offers the first, comprehensive analysis of the conditions that the World Trade Organization sets for preferential trade agreements (PTAs) in the area of services. Johanna Jacobsson provides an in-depth analysis of the relevant GATS rules, puts forward a practical method to analyze services PTAs, and applies the method to services agreements concluded by the EU. The result is a detailed examination of the legal criteria for services PTAs and methods to study them, combined with a better understanding of the level of liberalization reached by the EU and its member states. This book does go beyond the EU in analyzing the implications that multi-level governance has for international services liberalization. It proposes a new approach to study services commitments of any federal state and argues that lower levels of government should receive more attention in international negotiations over services trade.

6 citations

Book ChapterDOI
01 Jan 2019
TL;DR: In this article, the authors argue that business is little involved in this policy domain due to limited perceived welfare effects and that public choice and bureaucratic politics may better account for policy outcomes.
Abstract: Does European business lobby in international investment policy and notably for the conclusion of international investment agreements? The chapter argues that business is little involved in this policy domain due to limited perceived welfare effects. Theories of public choice and bureaucratic politics may better account for policy outcomes. The chapter verifies these hypotheses in case studies of international investment policy-making in Germany and the European Union. Finally, the chapter raises the question of whether the exceptional, vocal involvement of European business in the debates on investment regulation under the Transatlantic Trade and Investment Partnership (TTIP) might be the result of policy-maker influence on the business community. The findings imply that policy-makers may be freer in reforming their approach to international investment policy and international investment agreements than assumed.

1 citations