TY  - GEN
N2  - Although	 the	 competence	 to	 negotiate	 investment	 protection	 treaties	 was	 partially	
delegated	to	 the	EU with	 the	Lisbon	Treaty,	Brexit	is	likely	 to put	the	competence	back	in	
the	hands	of	Whitehall.	This	raises	two	questions.	First,	what	should	the	British	government
do	with	its existing	stock	of	bilateral	investment	treaties	(BITs)?	And	second,	how	should	the	
UK	 approach	 negotiation	 of	 new	 investment	 treaties? Answers	to	 both	 questions	 require
the	 government	 to	 carefully	 assess	whether investment	 treaties	provide	 considerable	 net	
benefits	 compared	 with	 other	 foreign	 investment	 policies.	 This	 is	 particularly	 important	
given	 the	 scarce	 bureaucratic	 resources	 and	 political capital	 available	 to	 pursue	
international	economic	policies	post-Brexit.	
To	help	with	this	assessment,	the	government	should	consider	undertaking	two	preliminary	
analyses before	deciding	on	the	course	ahead:	
I. A comparison	 of	 the	 protections	 offered	 under	 international	 investment	 law	 with	
those	offered	in	UK law;	and	
II. A comprehensive	 and	 carefully	 construed	 survey	 of	 British	 foreign	 investors
regarding	 the	 role	 of	 investment	 treaties	 for	 their	 operations	 pre- and	 postestablishment.
The	latter task is particularly	important	in	order	to	understand whether,	and	to	what	extent,	
investment	treaties	do	in	fact	provide	tangible	benefits	to	a	broad	section	of	British	outward	
investors compared	 with	 other	 initiatives	 to	 assist	 with	 the	 promotion	 and	 protection of	
foreign	investment.
A1  - Poulsen, L
EP  - 26
AV  - public
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3001782
Y1  - 2017/07//
ID  - discovery10110854
N1  - Copyright © Lauge N. Skovgaard Poulsen.
CY  - London, UK
TI  - British Foreign Investment Policy Post-Brexit: Treaty Obligations vs. Bottom-Up Reforms
PB  - UCL European Institute
ER  -