Over the past decade, Europe's traditionally open investment landscape has shifted towards a more protectionist stance due to evolving geopolitical factors. This open access book delves into the emerging challenges within the EU legal order related to this shift. Featuring contributions from leading scholars, civil servants, and practitioners, it offers a comprehensive analysis through four key themes: investment frameworks, arbitration, sustainability, and future developments. With its expert insights and broad scope, this collection is an invaluable resource for investment lawyers both within and beyond 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 to this book has been made possible through support from the Swedish Network for European Legal Studies (SNEF).
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An ambitious analysis of the evolution and future direction of EU investment law.
Contributors
Abbreviations
1. Investment in the EU Legal Order, Xavier Groussot and Graham
Butler
Part I Investment and Primary/Secondary Law
2. The Freedom to Invest in the EUs Internal Market from Third
States, Steffen Hindelang
3. Screening of Foreign Direct Investment in EU Law: Frameworks,
Non-EU Investors, and Security Considerations, Graham Butler
4. Investment and EU International Agreements, Ivana Damjanovic
Part II Investment and Arbitration
5. Arbitration, Investment, and the EU Legal Order, Konstanze von
Papp
6. National Courts and Tribunals in Investor-State Disputes, Relja
Radovic
7. The Incompatibility of the ISDS Mechanism in the Energy Charter
Treaty with EU Law: Nothing New Under the Sun, Nicolas de Sadeleer
8. State Compliance with Intra-EU Investment Awards or the EU
Elephant in the Investment Porcelain Shop, Szilárd Gáspár-Szilágyi
9. State-to-State Arbitration in EU Investment Protection
Agreements, Gesa Kübek
10. Investor-State Dispute Settlement from the Perspective of EU Law,
Claes Granmar
Part III Investment and Sustainability
11. Sustainable Development in EU Trade and Investment Agreements,
Hannes Lenk
12. EUs Powers to Green International Investment Law, Laurens
Ankersmit
13. Coal Phase Out and Investment Law: Navigating the Arbitration
Barrier Through Market Forces, Sara Soini and Anatole Boute
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
15. Towards a Multilateral Investment Court, Colin Brown
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.
