Introduction

As a true international lawyer and multilingual citizen of the world, Detlev Vagts has always shown interest in other legal cultures. He is a close observer and analyst of legal developments in Europe. Through his language abilities, Detlev Vagts has direct access, for example, to German legal thought. I hope that my contribution on German and European approaches to WTO law and foreign investment will attract his interest.

The background to my contribution is set by the Lisbon Treaty. This Treaty was the second attempt to reorganise the European Union (EU) in response to the recent enlargements and the continuing extension of its activities. A first attempt, the Constitutional Treaty, failed after it was rejected in 2005 by referenda in France and The Netherlands. The new Treaty drops most of the symbolism that characterised the Constitutional Treaty but aims to maintain much of its substantial impact – e.g. in the areas of criminal law, fundamental rights and international relations. Following a long and difficult ratification process – including a failed referendum in Ireland, seemingly endless political debate and judicial hurdles before Constitutional Courts – the Lisbon Treaty came into force on 1 December 2009 after Ireland, Germany, Poland and the Czech Republic overcame their respective domestic problems concerning ratification.