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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The notion of “security” in foreign trade law – Theory and Practice

By Dr. Carsten Bormann, Oppenhoff & Partner* 1. Introduction: All about security? The screening of foreign direct investment has gradually evolved from the traditional protection of vital national security interests through the prevention of outsourcing and the drain of specialized technological capabilities to the protection of geostrategic interests and the enforcement of industrial strategies. The European Commission's recently published European ...
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The EU Anti-Coercion Instrument: Anti-What, Exactly?

By Johannes Schäffer, Berlin School of Economics and Law* In February 2021, the Commission acknowledged the concerns of the Parliament and Member States regarding coercive practices by “certain third countries”. Having identified a regulatory gap, it committed to “examine a possible instrument, which could be adopted in order to dissuade or offset coercive actions by third countries and which would ...
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Chinese Investments in the EU, National Security, and Investor-State Arbitration

By Dr. Szilárd Gáspár-Szilágyi, Birmingham University School of Law Disclaimer: This blogpost is based on a recent publication by the author in the Journal of International Dispute Settlement (Oxford University Press), entitled ‘When the Dragon Comes Home to Roost. Chinese Investments in the EU, National Security, and Investor-State Arbitration.’ The data for the publication was gathered between September-December 2022. 1. ...
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Janus-Faced Competition Policy: For or Against FDI?

By Sergio Mariotti, Department of Management, Economics and Industrial Engineering, Politecnico di Milano, Milan, Italy  Scenario The dark side of globalisation has become visible in recent years, unfolding a series of toxic effects: uneven development among countries and regions of the world; imbalances and instability in the global order; social inequalities among peoples; and economic, political and military crises that ...
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FDI Screening Regulation 2.0: Towards Greater Regulatory Convergence?

By Sophie Bohnert, Vienna University of Economics and Business/College of Europe Background The current Regulation on the Screening of Foreign Direct Investment into the Union (the “FDI Screening Regulation” or the “Regulation”) has sometimes been described as a first step towards a more comprehensive Europeanisation of investment control legislation and possibly even a supranationalisation of control and decision-making powers. The ...
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CELIS Update on Investment Screening – January 2024

EU –European Commission announces new economic security initiatives On 24 January 2024, the European Commission announced five initiatives aimed at enhancing EU economic security in the face of risks from profound technological shifts and increased geopolitical tensions. These initiatives follow on from the publication of the European Economic Security Strategy in June 2023. Amongst others, the initiatives include the promotion ...
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Politicization and Securitization of the 5G Rollout: What Role for International Economic Law?

By Iryna Bogdanova, World Trade Institute 5G: economic implications of its rollout and relevant national security risks The 5G network, as the fifth generation of cellular networks, signifies a groundbreaking transition from its predecessors (2G, 3G, and 4G/LTE). Described as a "disruptive" and "transformational" technology, its distinguishing feature lies in being a software-driven network, allowing for future upgrades through software ...
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CELIS Webinar on the new EU Economic Security Package

On February 8, 2024, CELIS will host a lunchtime webinar on the new EU Economic Security Package. Following our last lunchtime webinar on the Xella judgment, this time we will discuss the new EU Economic Security Package with renowned expert. Moderated again by Jonas Fechter and Janosch Wiesenthal, the package will be discussed by Christian Glenz, Policy Officer at the ...
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Is the EU Foreign Subsidies Regulation compatible with WTO Law?

By Pierfrancesco Mattiolo, University of Antwerp  The blog post summarizes parts of the article ‘The EU’s New Regime on Foreign Subsidies: Has the Time Come for a Paradigm-Shift?’ published by Professor Csongor Nagy in the Journal of World Trade. The paper is available here. State Capitalist Economies and the WTO It is no mystery that, in the past couple of ...
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The EU Commission’s Economic Security Package: Scale Up and Revamp

By Sophie Bohnert, Vienna University of Economics and Business/College of Europe and Kilian Wagner, University of Vienna  Introduction: Long Awaited, Much Longed-For!  Over the past six months, the EC has been gradually releasing bits and pieces of information about possible initiatives to scale up and revamp the EU’s foreign trade and investment policy toolbox, creating a sense of anticipation in ...
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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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