This open access book investigates, analyses, and discusses the emerging issues of investment and the EU legal order. Europe has historically had an open approach to investment, but evolving geopolitical considerations over the past decade have seen this classical open approach being increasingly replaced by a more protectionist stance. Leading scholars, civil servants and practitioners assess the implications of this change, taking a four part approach of framing investment, arbitration, sustainability, and future developments. The collection's expert insights and ambitious scope ensures its appeal to investment lawyers both within and outside the European Union.
The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Swedish Studies Network.
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An ambitious analysis of the evolution and future direction of EU investment law.
1. Investment in the EU Legal Order, Graham Butler (Linnaeus University,
Sweden)
Part I: Investment and Primary/Secondary Law
2. The Freedom to Invest in the EUs Internal Market from Third States,
Steffen Hindelang (Uppsala University, Sweden)
3. Screening of Foreign Direct Investment in EU Law: Frameworks, Non-EU
Investors, and Security Considerations, Graham Butler (Linnaeus University,
Sweden)
4. Investment and EU International Agreements, Ivana Damjanovic (University
of Canberra, Australia)
Part II: Investment and Arbitration
5. Arbitration, Investment, and the EU Legal Order, Konstanze von Papp
(Hamburg University of Applied Sciences, Germany)
6. National Courts and Tribunals in Investor-State Disputes, Relja Radovic
(BDK Serbia Law Firm)
7. The Incompatibility of the ISDS Mechanism in the Energy Charter Treaty
with EU Law: Nothing New Under the Sun, Nicolas de Sadeleer (Saint-Louis
University, Belgium)
8. State Compliance with Intra-EU Investment Awards or the EU Elephant in
the Investment Porcelain Shop, Szilárd Gáspár-Szilágyi (University of Oslo,
Norway)
9. State-to-State Arbitration in EU Investment Protection Agreements, Gesa
Kübek (University of Groningen, the Netherlands)
10. Investor-State Dispute Settlement from the Perspective of EU Law, Claes
Granmar (Stockholm University, Sweden)
Part III: Investment and Sustainability
11. Sustainable Development in EU Trade and Investment Agreements, Hannes
Lenk (National Board of Trade, Sweden)
12. EUs Powers to Green International Investment Law, Laurens Ankersmit
(University of Amsterdam, the Netherlands)
13. Coal Phase Out and Investment Law: Navigating the Arbitration Barrier
Through Market Forces, Sara Soini (Ren-Gas, Finland) and Anatole Boute
(Chinese University of Hong Kong)
Part IV: The Future of Investment and EU Law
14. EU International Investment Agreements with Third States: A New
Paradigm and the EU Constitutional Framework Challenge, Maria Fanou (Court of
Justice of the European Union, Luxembourg)
15. Towards a Multilateral Investment Court, Colin Brown (European
Commission, Belgium)
Xavier Groussot is Professor of Law at Lund University, Sweden. Marja-Liisa Öberg is Associate Professor of Law at Lund University, Sweden. Graham Butler is Full Professor of Law at Linnaeus University, Sweden.
