For a Complementary European Investment Protection

Abstract

The following seven theses are possible policy recommendations for the future formulation of European investment protection " after Lisbon. " First Thesis: It is worthwhile re-examining the actual purpose of the protection of international investment through treaties in international law and investor–state arbitral tribunals, as the protection given to property by bilateral investment treaties is not provided merely as an end in itself. It is also expressly provided to create an international " rule of law, " 1 which is one of the most important preconditions for the beneficial private direct investment which is essential for the economic devel-opment of many countries. 2 Furthermore, the second generation of bilateral investment treaties since the 1980s/1990s has made an important contribution to the creation of a unique investor–state arbitration system. 3 The task of these international arbitral tribunals T.R. Braun Ass. iur., M.P.A. (Harvard)