The EU-China road to the Comprehensive Agreement on Investment

Abstract

For about ten years, both the European Union and China have decided to embark on a "not easy" road to reach an investment agreement. So, two different cultures, two international powers, set out to regulate the main aspects of the investment mechanism between them. The road to this agreement is perhaps the most difficult in the recent history of the field, largely because of the narrow loopholes through which the negotiating parties must pass. The only good path for the parties on this road is the public international law governing the treaties, while foreign policies should retain their position as auxiliaries with a limited role. This article aims to analyse the legal aspects of the procedure required by such a treaty, taking into account its particularities. The method used for the elaboration of this study is specific to differentiated comparison and introspection.