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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 ...
Continue reading CELIS Update on Investment Screening – October 2023
Germany – Upcoming Investment Screening Act and the 20th Amendment to the AWV There is a new Investment Screening Act upcoming in Germany – the new law is expected to separate the foreign direct investment screening rules from the German Foreign Trade Laws (contained in AWG and AWV), restructuring them into an isolated law. A preliminary draft is predicted to ...
Continue reading Trade and Investment between the EU and India: A promising horizon with a closer look at negotiation roadblocks.
By Thijs De Cuyper, University of Leuven and Gautam Mohanty, Kozminski University and Jindal Global Law School Introduction – The sixth round of the European Union (EU)-India investment protection agreement (IPA) was set to resume on 10-13 October 2023 in Brussels. However, plans have changed due to India prioritizing its Free Trade Agreement (FTA) with the United Kingdom, which is ...
Continue reading ‘A Chain Works Just as Well as its Weakest Link’ – CFIS Keynote and Roundtable on the Review of the EU FDI Screening Regulation
By 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. Damien Levie, Head of 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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