Book

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

Edited by Professor Xavier Groussot, Professor of Law, Lund University, Sweden; Associate Professor Marja-Liisa Öberg, Associate Professor of Law, Lund Unversity, SwedeN, and Professor Graham Butler, Full Professor of Law, Linnaeus University, Sweden.

Swedish Studies in European Law.

Hart Publishing/Bloomsbury, Oxford, 2025.

ISBN (Print): 9781509965854 (978-1-50996-585-4). ISBN (Electronic): 9781509965878 (978-1-5099-6587-8), 9781509965861 (978-1-5099-6586-1).

About:

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.

Outline Table of Contents:

  1. Investment in the EU Legal Order

    Graham Butler

    Part I – Investment and Primary/Secondary Law

  2. The Freedom to Invest in the EU’s 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 Radović

  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. The EU’s 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. New 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 M Brown

Editors:

Xavier Groussot, Professor of Law, Lund University, Sweden.

Marja-Liisa Öberg, Associate Professor of Law, Lund University, Sweden.

Graham Butler, Full Professor of Law, Linnaeus University, Sweden.

Contributing Authors:

Laurens Ankersmit, Assistant Professor of European Law, University of Amsterdam, Amsterdam, the Netherlands.

Anatole Boute, Professor of Law, Chinese University of Hong Kong, Hong Kong.

Colin M Brown, Head of Unit, Legal Aspects of Trade and Sustainable Development and Investment, Directorate-General for Trade, European Commission, Brussels, Belgium; Head of the Delegation of the European Union to UNCITRAL Working Group III; Guest Lecturer, Edinburgh Law School, University of Edinburgh, Edinburgh, Scotland, United Kingdom.

Graham Butler, Full Professor of Law, Linnaeus University, Sweden.

Ivana Damjanovic, Senior Lecturer, Canberra Law School, University of Canberra, Australia.

Nicolas de Sadeleer, Professor of Law and Jean Monnet Chair, Saint-Louis University, Brussels, Belgium; Senior Researcher, METRO, Maastricht University, Maastricht, the Netherlands.

Maria Fanou, Legal Secretary (Référendaire), Court of Justice, Court of Justice of the European Union, Luxembourg.

Szilárd Gáspár-Szilágyi, Researcher, Department of Public and International Law, Faculty of Law, University of Oslo, Norway; Managing Editor, European Investment Law and Arbitration Review.

Claes Granmar, Associate Professor of Law, Stockholm University, Sweden.

Steffen Hindelang, Professor of International Investment and Trade Law, Uppsala University, Sweden.

Gesa Kübek, Assistant Professor of European Law, University of Groningen, the Netherlands.

Hannes Lenk, Legal Advisor, National Board of Trade, Stockholm, Sweden.

Relja Radović, Senior Associate, BDK Serbia Law Firm, Belgrade, Serbia.

Sara Soini, Project Development Manager, Ren-Gas, Espoo, Finland.

Konstanze von Papp, Professor of Public Law, Hamburg University of Applied Sciences, Hamburg, Germany.

 

Published in Autumn 2025.

Order the hardback version at Hart Publishing/Bloomsbury here.

Citation:

Groussot, X, Öberg, M-L, Butler, G (eds) 2025, The EU Law of Investment: Past, Present, and Future, Swedish Studies in European Law, Hart Publishing/Bloomsbury: Oxford.