The freedom of movement within the European Union is one of the pillars in which the EU is built and is encouraged as a mean to create a European citizenship. Even though economic reasons for moving within the union are most common, other reasons such as family or education is important in migration decisions. As immigration from member states of the Union have raised since the Swedish accession, many also returns to their country of origin and emigration rates from Sweden are high. Besides economic reasons for leaving Sweden, the family context also plays an important role in immigrants’ decision to emigrate. The aim of this study is to explore what impact family life and especially the presence of children might have on out-migration but also to look into socio-economic determinants of emigration. To analyze this, I use longitudinal population register data on EU-15 migrants in Sweden to apply an event-history analysis. The results suggest that economic integration in Sweden plays an important part as unemployed and having a low income means higher emigration propensities. Having no partner or a partner not born in Sweden means a higher risk of leaving compared to those with a Swedish-born partner, but when information about children is included, having children or not seems to matter more than being in a relationship or not. A closer look at the country of birth of the children shows that having Swedish-born children inhibits emigration while having foreign born children increases the probability to emigrate. The results indicate that having a Swedish born child provides motives to stay on in Sweden.

This thesis takes as its subject Polish families who migrated to Edinburgh after Poland’s accession to the EU in 2004. It analyses the families’ post-migration trajectories and experiences, and investigates how these are influenced by factors relating to Polish history and culture, by features particular to the post-accession migration wave and by families’ individual characteristics. Theoretical approaches are drawn from a range of academic disciplines including, reference group theory, literature relating to gender-division of paid work and child-care, and ‘mobilities’ theory, and these approaches are all employed in exploring the factors that influence family members’ integration, employment and lifestyles and their plans for the future. This qualitative study focuses on the experiences of thirty families living in and around Edinburgh in the two years from 2009 to 2011, and combines a variety of methods in data-collection and in analysis. Families were interviewed twice with a year lapse between interviews, couples were interviewed jointly and conversational interviews were supplemented with questionnaires. These design features enable analysis of change over time, provide insight into family-dynamics and generate a range of forms of data. In analysis the combination of thematic coding of interview transcripts with Qualitative Comparative Analysis, allows in-depth exploration of experiences at the individual and family level to be positioned within the context of trends and patterns observed across the whole group. The study finds that the families fall into distinct types according to particular key characteristics and migration strategies, and that the different family types are linked to different experiences of life in Scotland and plans for the future. Younger migrants who arrived independently, decided to stay and later started families are found to be embarking on new careers and making use of the greater flexibility of the employment market in the UK to enact their preferred division of work and childcare. In line with previous research findings, for families whose oldest child is preschool age, school start date in Poland is identified as critical in limiting the period in which parents feel the decision about whether to return can be made. Parents who migrated with school-age children because of financial hardship in Poland are highlighted in this study as a previously under-researched post-accession migrant group; among these families most parents within the study group are found to have been considering permanent settlement at the time of migration and to be maintaining this intention; their decision to stay is particularly influenced by concerns about the difficulties that they anticipate their children would encounter in re-entering the school system in Poland and about their own reduced ability to re-enter the labour market there after de-skilling in employment in the UK. Parents who migrated to take up professional work in the UK are identified as possessing the highest levels of ‘motility’, that is, capacity to make use of mobility generally; among the study group these parents are found to have the most varied options and future plans and to be those who indicate the greatest likelihood of leaving the UK in the short term.

Tensions exist in the way that the European Union is conceptualised. How do we reconcile the persistence of a Europe of fragmented nation-states and the European integration project based on the principle of free movement? This duality is indicative of different geographical visions: between space defined as places and space defined as unifying flows. While places tend to be associated with fixed territories and borders, it is argued that complex global flows and connections may disrupt such notions. Addressing these theoretical tensions, this thesis examines transnational frameworks for discussing the reconfiguration of borders and spaces within the European Union. The aim of this research is to explore the extent to which European Union citizens, with freedom of movement, experience mobility between member states in a frictionless manner. The thesis adopts a “bottom-up” approach of migrants’ experiences and perceptions of internal borders, as barriers or opportunities to their movement and settlement. This is illustrated through the case of Britons resident in France. The thesis draws on data generated through qualitative methods, including fifty-three in-depth interviews undertaken in an ethnographic setting. The case study demonstrates how a frictionless European space does not exist for ordinary European Union citizens, for a variety of political, legal, economic and socio-cultural reasons. The analysis reveals how Britons recreate (national) state borders, by adapting to French politico-legal structures, and identifying boundaries between “us” and “them”. The thesis also identifies how transnational spaces are created through immigrants’ social networks. By exploring the everyday lives of intra-EU migrants, the thesis contributes to literature on British migrants in France, and provides an original contribution to studies of EU integration, focused on ordinary citizens on the move.

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Nowadays, with the development of international economy, international investment has become one of the most important ways to prompt global economic development. The number of the bilateral treaties (BITs) and multilateral treaties are increasing as well. These treaties are an important basis for resolving disputes between investors in international arbitration. Many treaties contain a sunset clause. In the field of international law, the use and utility of sunset clauses has remained largely unnoticed despite the fact that they have been employed in major international treaties and agreements.  Nowadays, such clauses have become a core feature in international investment agreements, playing an underappreciated role with the ability to enhance legal certainly in regards to the tension between stability and flexibility. Moreover, sunset clauses complement the protection to investors with the entrenchment effect.  But meanwhile, as one of the important economic entities in the global economic development, the European Union (EU) is trying to terminate all intra-EU BITs, as well as the sunset clauses which contained in the BITs.  This thesis analyse the impact of the sunset clause on intra-EU arbitration after the EU members terminated their intra-EU BITs. Trying to clarify the nature and the utility of the sunset clause in EU law, and try to disengage from the entrenchment effect of the sunset clause at EU and international level.

När en investerare vill investera utomlands finns många risker som måste beräknas, analyseras och hanteras. Utöver olika ekonomiska risker finns politiska risker. En investerare kan, för att hantera dessa politiska risker, välja att investera i en stat med vilken Sverige har ett bilateralt investeringsskyddsavtal. Dessa avtal reglerar både materiellt investeringsskydd, det vill säga hur en investerare ska behandlas, och processuellt skydd, det vill säga möjligheten för en investerare att väcka talan mot staten investeraren investerar i genom ett internationellt skiljeförfarande. Sverige har idag 66 stycken bilaterala investeringsskyddsavtal i kraft, varav tolv stycken är slutna med länder inom EU. Antalet bilaterala investeringsskyddsavtal slutna mellan EU-länder, intra-EU BIT, ökade avsevärt i och med att unionen utvidgades år 2004 och 2007. Sedan dess har avtalens förenlighet med EU-rätten diskuterats i litteraturen, i skiljedomstolar och nyligen även i EU- domstolen i det så kallade Achmea-målet. I uppsatsen kartläggs och analyseras argumenten i diskussionen om relationen mellan intra-EU BIT och EU-rätten. Vidare analyseras vilken del av investeringsskyddet som intra-EU BIT-förespråkare anser vara mest betydelsefull. Från resonemanget och analysen i uppsatsen dras slutsatsen att det är ISDS-systemet, tvistelösningssystemet där en investerare kan väcka talan mot en stat, som kan anses utgöra den mest betydelsefulla delen av investeringsskyddet i intra-EU BIT:en. Därefter analyseras huruvida ett investeringsskydd innehållande ett ISDS-förfarande kan vara förenligt med principen om ömsesidigt erkännande och förtroende. I uppsatsen konstateras att ISDS-förfarandet inte kan vara förenligt denna princip och att problematiken inte kan lösas genom en juridisk debatt utan måste diskuteras på en politiskt hög nivå. / When investing abroad, an investor is faced with many risks that need to be thoroughly analysed in order to be mitigated. Risks are not only financial, but also political. An investor may, to mitigate these risks, choose to invest in states with which Sweden has a bilateral investment treaty, a so called BIT. BIT do not only regulate treatment of the investor and the investment, which is the material investment protection; but also the jurisdictional possibility of the investor to raise charges against the state of in which the investment has taken place in case of violation of investment rights, procedural investment protection. Today, Sweden has 66 BITs in force, out of which twelve are concluded with EU member states, so called intra-EU BIT. The number of intra-EU BITs grew significantly as a result of the enlargement of the union in the year of 2004 and 2007. Since then, the agreements’ compatibility with the EU legislation has been a subject of discussion within literature, investment arbitrations and recently in the European Court of Justice in the Achmea case. This thesis aims to establish and analyse the context of the discussions flourishing the relationship between the intra-EU BITs and the EU legislation. Additionally, the author intends to identify which argumentation regarding investment protection, that by intra-EU BIT praisers is considered to be the most impactful. As a result, the conclusion of the thesis is that it is the ISDS-system, the investor- state dispute settlement, in which an investor can raise charges towards a state, that is the most valuable part of the investment protection given by the intra-EU BITs. Accordingly, it is analysed weather investment protection containing an ISDS-system can be compatible with the principle of mutual trust and recognition. In the thesis it is concluded that the ISDS-system cannot be considered to be compatible with the principle and that this problem should be debated on a high political level and cannot be solved through a legal debate.

The relationship between international investment agreements and EU law has attracted increased attention in past few years. The aim of this thesis is to bring a detailed analysis of various aspects of this complicated relationship. In attainment of this aim it proceeds in the following steps. After a short introduction (Chapter I.), Chapter II. briefly overviews typical content of bilateral investment treaties, following with a more detailed analysis of relevant EU law rules concerning foreign investment and subsequent comparison of both sets of rules. Chapter III. deals with investment agreements to be concluded by the EU, in particular with questions of external competence for foreign investment, responsibility for breaches of investment agreements concluded by the EU and the future shape of EU investment policy. The status of existing bilateral investment treaties concluded between EU member states and third countries is analyzed in Chapter IV. Chapter V. tackles various issues related to investment treaties concluded between member states (so called intra-EU BITs).

Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...

1 Abstract This dissertation deals with investment protection in the European Union from several points of view. The first part deals with the history of investment protection and its main basis and grounds for current legislation and proposals for future regulation, particularly within the EU. In subsequent parts, current legislation and intra-European Union investment protection is analysed in detail, including the question of validity and applicability of Intra-EU BITs, i.e. bilateral treaties concluded between two EU Member States. The analysis is made from the perspective of EU law, as well as from the point of view of public international law. The dissertation further deals with their relationship and demonstrates contradictions between them in two crucial cases, Eureko/Achmea and Micula. Additional themes of this dissertation are the powers of the European Union regarding investment protection and the conclusion of international treaties such as CETA and TTIP. This dissertation further deals with the status, jurisdiction and functioning of the International Centre for Settlement of Investment Disputes (ICSID), demonstrating the relatively smooth and widely accepted investment dispute settlement mechanism. In this regard, the proposed EU Multilateral Investment Court project in analysed, including a...