CELIS Blog
The CELIS Blog is a unique forum for current debates on international investment control and economic security law and practice more broadly. It brings the latest developments and analysis to you. From economic security (law) experts – to economic security (law) experts.
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Huawei Technologies Co. LTD. v. The Kingdom of Sweden – ISDS as a potential remedy against the Huawei ban from the 5G rollout?
By Kilian Wagner, University of Vienna Spearheaded by the United States, several states including Australia, Canada, Japan and the United Kingdom have imposed restrictions on the Chinese tech-giant Huawei. These measures essentially ban Huawei’s products for the roll-out of the infrastructure for the fifth generation of wireless technology (5G) on national security grounds. The EU has not taken a ...
Continue reading Screening Regime for Foreign Investment to be Introduced in Ireland
By Conor Hand, Deputy Director Investment Screening Unit at the Department of Enterprise Trade and Employment (Ireland) Introduction In an increasingly interconnected world, the national and global security environment is becoming more contested and complex. Reflecting this changing environment, and the increasing diversification of threats, the Irish Government has passed a key piece of legislation designed to protect security ...
Continue reading Marking a New Investment Era in Sweden: Enter the Swedish FDI Regime
By Pouya Ghotbi, Wistrand Advokatbyrå Background In 1916, the Swedish government introduced a piece of legislation restricting the right of foreigners to invest in Sweden. During the 1970s and early 1980s, the legislation was further tightened, making it difficult for foreigners to acquire businesses in Sweden without government scrutiny. The Act was abolished 1991, embarking on an open economy ...
Continue reading CELIS Update on Investment Screening – November 2023
Ireland – Introduction of a new FDI screening regime on 31 October 2023 On 31 October 2023, the Screening of Third Country Transactions Act 2023 was signed into law. Since the initial draft was published on 2 August 2022, the Act has undergone a series of amendments during the course of 2023,. Therewith, for the first time, there is a ...
Continue reading Taking due process seriously – The Administrative Court of Berlin doubles down on FDI procedural rules
By Jonas Fechter, University of Münster / CELIS Deputy Assistant Director I. Introduction Investment screening is infamous for the low number of judicial proceedings that have challenged the legality of the prohibition and mitigation measures imposed by governments. As a result, there is, as yet, no strong body of case law clarifying how investment screening laws are to be applied, ...
Continue reading Anti-subsidy investigation in Chinese Electric Vehicles: fairness, global competition and geopolitics
By Mark Konstantinidis, King’s College London Introduction and background In September 2023, European Commission President Ursula von der Leyen delivered her State of the Union address to the European Parliament. President von der Leyen warned that ‘global markets are now flooded with cheaper Chinese electric cars. And their price is kept artificially low by huge state subsidies. This is ...
Continue reading China’s growing assertiveness in the use of economic sanctions: where are we heading?
By Dr. Iryna Bogdanova, World Trade Institute China’s growing assertiveness in the use of economic sanctions: where are we heading? The US-China trade war, tightening of US export controls, and economic sanctions against Chinese technology companies instigated major revisions of Chinese laws and regulations that emulate Western tools used to implement economic sanctions. These recent amendments represent a major ...
Continue reading Building Resilience in Investment Screening and Economic Security: Lessons from India
By Prof. Dr Bimal N. Patel, Member, National Security Advisory Board, India; Vice-Chancellor, Rashtriya Raksha University; Member, UN International Law Commission (The views are personal) Strategies and balancing of priorities in economic security No nation can proliferate without foreign direct investment. Even so, in certain sectors, such as military or network technologies, FDI may raise national security concerns. In the face ...
Continue reading Between Openness and Security: CFIS 23 – Roundtable ‘Looking for a design of Europe’s Screening Mechanism(s)’
By Leonard von Rummel, BLOMSTEIN and Ass.-Prof. Dr. Lena Hornkohl, University of Vienna / CELIS Deputy Director The annual conference of the CELIS Institute dealt with the pivotal question of Investment Screening and Economic Security and its current challenges. CFIS 2023 was held in Prague from 11 – 13 October 2023 and consisted of a private and a public part. Following an ...
Continue reading The UK’s National Security and Investment Regime: Key insights from the Annual Report 2022-23
By Nissim Massarano, Clifford Chance[1] On 11 July 2023, the UK's Investment Security Unit ("ISU") released its annual report on the operation of the UK National Security and Investment ("NSIA") regime for the period covering 1 April 2022 – 31 March 2023 (here). The Annual Report provides aggregated data on the operation of the regime, including insights into the ...
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The CELIS Blog always welcomes posts from economic security professionals that address current issues in international investment screening and economic security law and practice. Would you like to contribute to the Blog? Please contact our editors: blog@celis.institute
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