5. Legal issues and issues related to the new FDI competence in implementation The conference focused on the debate on the EU`s competence to negotiate EU investment agreements with third countries, the role of dispute settlement in future EU investment agreements and the status of EU Member States` investment insurance schemes. From GM`s point of view, investment protection undoubtedly falls within the exclusive competence of the European Union in the field of foreign direct investment. In its explanatory memorandum to the proposal on financial liability, it states that the Union has exclusive competence “for all matters related to foreign investment”. It also explains the invalidity of the allegation that Article 345 TFEU prohibits the European Union from intervening in rules of expropriation which are only Member States. That would limit the Union`s competence in the field of market access. The above-mentioned memorandum considers the expropriation rules to be legal guarantees and the conditions attached to them do not encroach on THE SEP`s system of ownership.  The conference focused on issues related to the EU`s competence in negotiating EU investment protection contracts with third countries, the importance of the dispute settlement clause in future EU investment protection contracts and the status of Member States` investment protection systems. Colin Brown (Commission européenne, DG Commerce) spoke about « Dispute Settlement in Future EU Investment Agreements », Stephan Schill (MPI Heidelberg) dealt with the questions « Limits on Investor-State Dispute Settlement under Future EU Investment Agreements », Richard Happ (Luther RechtsanwaltsGmbH) dealt with « Répartition des responsabilités entre l`UE et les États membres », Frank Hoffmeister dealt with the topic « From BITs and Pieces towards European Investment Agreements ».
With Céline Lévesque (Université d`Ottawa) and Armand de Mestral (Université McGill), the focus shifted to Canadian practice regarding TPI. Weitere Vorträge befassten sich mit den Themen: « The Potential EU/China BIT: Issues and Implications » (Shen Zhang, Université de Cambridge), « The Role of Member States in Negotiation and Closing EU Investment Agreements » (André von Walter, EU Kommission, DG Trade), « The remaining decisive role of Member States in negotiation and closing EU Investment Agreements » (Nikos Lavranos, Wirtschaftsministerium, Den Haag). . . .