Ochrana přímých zahraničních investic v právu EU

One of the changes brought about by the Treaty of Lisbon is the explicit inclusion of foreign direct investment and its protection in the European Union's common commercial policy. This is one of the areas of exclusive EU competence. The European Union subsequently negotiated "new type" Bilateral Investment Treaties (BITs), which replace the current system of investor-state arbitration ISDS with the new investment court system. This dissertation aims to evaluate the adequacy of the current system of foreign investment protection in the EU, through a comparative analysis of the mechanism for resolving investment disputes in the EU trade and investment policy. After a general introduction to the international investment protection law and its premises, attention is paid to selected EU international investment agreements and the case law of the Court of Justice of the EU in this area. Two arbitrations against the Czech Republic are then analyzed in the form of a comparative study. The current investment protection regime is then compared with possible 10 alternatives, with an emphasis on their consistency and transparency. The core of the work is the proposal de lege ferenda for a new global legal framework for investment protection, depending on the confirmation of the hypotheses of the dissertation. The last chapter summarizes the current Brexit process and its impact on investment protection.