MJIEL Vol 13 Issue 3 2016 - Article 5 by Bernhard Maier and Anna Pitaraki
The Many Identities of the European Union:
Exploring the Rival Trade and Investment Ambitions of Organization and Members
Bernhard Maier and Anna Pitaraki
ABSTRACT: From the European Commission’s view, an ‘ever closer Union’ in EU trade and investment policy would be desirable. The disarray, division and confrontation between the EU as represented by the European Commission and its Member States in the trade and investment realms highlights the tension of international organizations law – that between the organization on the one and its Member States on the other hand. Brexit could be seen as an extreme example of this tension; as do the protracted and lengthy negotiations for the comprehensive free trade and investment agreement with Canada which has entered into force provisionally. The EU Commission’s interventions in relation to the intra-EU BIT framework are another noteworthy illustration of this tension. This article will analyse a number of initiatives of the European Commission in light of Member State policy and comment upon some of the legal issues faced by States, public entities and private actors in the current landscape.

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