ABSTRACT
This chapter aims to provide the EU investment policy, as shaped by the European Commission after the entry into force of the Lisbon Treaty, and EU IIAs. It examines the EU competence on foreign direct investment, beyond the so-called common commercial policy (CCP). The chapter analyzes EU International investment agreements (IIAs) and investment chapters of EU trade agreements in details to verify whether and how they take into consideration social issues. It explores how social provisions included in EU IIAs and in investment chapters of trade agreements can effectively be implemented in investor-State relations and, more generally, whether and to what extent investment arbitrators are dealing with social issues in settling investor-State disputes based on IIAs. The chapter concludes with brief remarks on EU IIAs provisions on expropriation, arguing that the latter reflect current balance existing between the 'market' and the 'social' within the EU Common International Investment Policy.
