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Zusatztext An important and timely contribution to an area where in-depth research in the English literature has hitherto been relatively scarce...It is written in a captivating style and many interesting arguments will certainly spark further debate. This study is also a mandatory reference in the post-Lisbon era Informationen zum Autor Steffen Hindelang studied law and economics at the Universities of Bayreuth, Sheffield and Marburg. He was admitted to the degree of Master of Laws in International, European and Commercial Law of the University of Sheffield in 2001 and to the degree of Doctor iuris (Ph.D. equivalent) of the Eberhard Karls University Tübingen, School of Law in 2008. From 2004 until 2009 he was research associate and lecturer at the aforementioned institution. He is also a fully qualified German lawyer. Klappentext This book offers a timely restatement of the EU law on free movement of capital, focusing on the effect of EU law on international investment. Through analysis of the complex case law, it sets out the rights enjoyed by investors under EU law. It criticises the growth of protectionism within Europe, and sets out the legal limits on such policies. Zusammenfassung This book offers a timely restatement of the EU law on free movement of capital, focusing on the effect of EU law on international investment. Through analysis of the complex case law, it sets out the rights enjoyed by investors under EU law. It criticises the growth of protectionism within Europe, and sets out the legal limits on such policies.
List of contents
- Introduction
- I: Preparing the Foundation: Economic Rationale for the Liberalization of Capital Movements and the Art of Political Compromise
- II: Foreign Direct Investment and the Material Scope of Application of Article 56(1)EC
- III: The Influence of Competing Freedoms on the Scope of Application - Direct Investment between Free Movement of Capital and the Freedom of Establishment
- IV: Which Level of Protection? - The Scope of the Prohibition of Restriction: Equal Treatment and Market Access
- V: Personal Scope of Application
- VI: Exceptions to the Freedom Applicable to Intra-Community and Third Country Situations
- VII: Exceptions to the Freedom Exclusively Applicable to Third Country Contexts
- Perspectives - 'Anxiety is the Dizziness of Freedom'
- Annex: Summary: Position Statements
- Bibliography
Report
Hindelang's book is a very thorough study, with ample references to primary and secondary material, especially the abundant literature in German which he makes accessible to English readers for the first time. It will be the first port of call for free movement of capital in general and cross-border investment protection in particular under European Union law. Its scholarly influence will also radiate beyond the free movement of capital to the other freedoms, especially the freedom of establishment. Michael Waibel, International and Comparative Law Quarterly
