Standard EU clauses Sample Clauses

Standard EU clauses a) Gold standard Against this backdrop of a comprehensive European power on investment protec- tion, the next question comes up how precisely the European Union should position itself in negotiations. While Member States produced a number of standard clauses in their BITs, there is nevertheless considerable divergence on some issues of detail. So, should there be a new ‘Model European BIT’ or should the EU come up with case-by-case solutions? The practice of the institutions seems to point to a middle- way. The Commission started the debate by announcing its quest to go for the ‘gold standard’ of investment protection provisions. This idea is nurtured by the fact that many Member States have agreed workable clauses with third states that provide for a high level of investment protection and have been tested in arbitration. There 71 ECJ, 1991 Opinion 1/1991, ECR I-6079, para. 40. 72 Siemens A.G. v. Argentina, ICSID Case No. ARB/02/8, Decision on Jurisdiction, 3 August 2004, para. 120. 73 Reinisch, above (n. 45) 99-111, 109-110. 70 xxxxx://xxx.xxx/10.5771/9783845246130-55 From BITS and Pieces towards European Investment Agreements would be no good reason to deviate from these valuable precedents, given that the EU interest is still mainly offensive, i.e. seeking a high level of investment pro- tection of EU investors in foreign countries. On the other hand, both the Council and the Parliament call upon the Commission to inspire itself from the ‘best prac- tices’ of Member States. This expression may also direct the Commission to pay due attention to safeguard the EU’s potential defensive interests since a ‘best’ practice may be one where host state and investor interests are reconciled in an optimal way. This need to arbitrate between offensive and defensive interests can be clearly felt in the discussions on specific clauses for European investment agree- ments to which we now turn.
Sample 1
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