European Union Law Law

The EU Law of Investment: Past, Present, and Future

Edited by Xavier Groussot · Marja-Liisa OEberg · Graham Butler
Hart Publishing September 2025

Specifications

ISBN-13
9781509965854
Publisher
Hart Publishing
Publication
September 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

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.

Table of Contents

Introduction
Xavier Groussot, Marja-Liisa OEberg, Graham Butler

Part I - Framing Investment
2. Investment and the Internal Market
3. Investment and EU International Agreements
4. Screening of Foreign Direct Investment and the Common Commercial Policy

Part II - Investment and Arbitration
5. Investment, Arbitration, and the EU Legal Order
6. National Courts and Tribunals in Investor-State Disputes
7. Arbitration under the Energy Charter Treaty and the Implications of Komstroy
8. State Compliance with Investment Awards and the EU Legal Order
9. Arbitral Tribunals in EU International Agreements with Third States

Part III - Investment and Sustainability
10. Sustainable Development in the EU Legal Order
11. Sustainable Development in EU International Agreements
12. Division of Competence in Regulating Foreign Investment in Fossil Fuels
13. Coal Phase Out and Investment Law

Part IV - The Future of Investment and EU Law
14. The European Green Deal and Investment
15. Multilateral Investment and Reform of the Energy Charter Treaty
16. New Investment Agreements of the EU with Third States
17. Towards a Multilateral Investment Court
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