Zusammenfassung
Summary
The topic »investment law and land(management)« is the blind spot in the controversial current discussion on major projects such as the EU free trade agreements with Canada (CETA), but also those with Vietnam and Singapore, which are currently in negotiations. CETA also concerns the transfer of national sovereign rights to the committee to be established. Land, raw materials and infrastructure investments as immovable assets have always been the focus of investment interest, but curiously enough, they have not yet been adequately valued with regard to currently discussed and negotiated free trade agreements. CETA could have a direct and indirect impact on the real estate and land markets, on the built environment, on procurement procedures, and thus on the overall land management system in all CETA contracting States. Consequences are to be feared above all through the introduction of investment standards, through competitive and procurement-specific investor special treatments and standardization. Once a governmental planning or zoning decision results in the impairment of an investor’s interest and these special rights can be derived explicitly from the terms of the contract, the assertion before arbitration courts is possible and promising. Investment law and land management is therefore in a highly interesting conflict between contractually guaranteed investor rights, constitutionally protected legal interests, the common good and political decision-making scope for the design of the built environment.