CELIS Blog
The CELIS Blog: Fueling the Conversation on Economic Security. 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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CELIS–Arnold & Porter Blog Series on Investment Security x Investment Arbitration
Introducing the CELIS–Arnold & Porter Initiative on Investment Security x Investment Arbitration
Authors: Steffen Hindelang (Uppsala University; CELIS Institute), Helene Schramm (CELIS Institute) and Liam McGrath (CELIS Institute) Most international rules governing ...
Continue reading Constraints on the State’s Right to Screen Foreign Investments Prior to Market Entry
Authors: Steffen Hindelang (Uppsala University; CELIS Institute), Helene Schramm (CELIS Institute) and Liam McGrath (CELIS Institute) Introduction As a starting point, a State ...
Continue reading Post-Establishment Phase: FDI Screening Decisions and the Treatment of Retroactive Measures in Investment Arbitration
Authors: Bart Wasiak (Arnold & Porter Kaye Scholer (UK) LLP) and Naina Gupta (Arnold & Porter Kaye Scholer (UK) LLP) Introduction Decisions concerning the screening of foreign ...
Continue reading Shielding Foreign Investment Screening from Challenge under Investment Treaties
Author: Dr. Joshua Paine (University of Bristol) Introduction This post considers how States can design international investment agreements (“IIAs”) to ...
Continue reading German Administrative Courts Take the Plunge – First Rulings on German Investment Screening Procedures and their Time Frame
Authors: Dr. Roland M. Stein (BLOMSTEIN) and Henriette Wohlschläger (BLOMSTEIN) Introduction In light of the prevailing tense global geopolitical climate, investments are no longer regarded ...
Continue reading Between Deadlines and Discretion: Timely Decision-Making in Investment Screening
Authors: Xueji Su (University of Macau) and Alessandro Zocchia (University of Macau) Introduction: The Pocket Veto Phenomenon Investment screening involves a procedurally layered process involving notification, ...
Continue reading Fair and Equitable Investment Screening
Author: Dr. Bálint Kovács (University of Szeged) Introduction With the widespread adoption of investment screening by Western states, there is ...
Continue reading Legal Standards, Evidentiary Threshold, Transparency and Due Process in the Context of Investment Screening and Investment Disputes
Author: Jonas Hallberg I. Legal Standards and Evidentiary Threshold Security assessments of a prospective investment necessarily involve an assessment of ...
Continue reading Disclosure and Confidentiality in Investment Screening
Author: Dorieke Overduin (Sovereign Arbitration Advisors) Introduction In order to assess risks posed by foreign direct investments to national security, authorities must ...
Continue reading Investment Screening Between Discretion and Arbitrariness – Charting the Borderlands
Authors: Steffen Hindelang (CELIS Institute; Uppsala University), Helene Schramm (CELIS Institute) and Liam McGrath (CELIS Institute) Introduction Foreign investment screening ...
Continue reading Navigating Treaty Liability for Conditional Approvals in Foreign Investment Screening
Author: Dean Merriman (Barrister at the Victorian Bar) I. Imposition of Conditions on Foreign Investment: Anecdotes from Australia It is ...
Continue reading Parallel Proceedings at the Intersection of FDI Screening and Investment Arbitration
Authors: Sally Pei (Arnold & Porter) and Joel Dahlquist (Arnold & Porter) Introduction States in Europe and beyond are increasingly screening ...
Continue reading CELIS Special Blog Series on the Revision of the FDI Screening Regulation
Introducing: The Foreign (Direct) Investment Screening Regulation – A blog series on the revision of FDI Screening Regulation 2019/452
Part I in the CELIS Blog Series on the Revision of the FDI Screening Regulation. Autors: Lena Hornkohl (University of Vienna)[1], Andrew Hill (AmCham EU, Brussels), Floor Doppen (University of ...
Continue reading Tug-of-War? Determining the mandatory scope for the new FDI Screening Regulation
Part 2 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/452. Authors: Andrew Hill (AmCham EU, Brussels), Floor Doppen (University of Antwerp), Leonard von Rummel (Partner, Blomstein) ...
Continue reading To Screen or not to Screen? Defining the Deals that Count
Part 3 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/452. Authors: Andrew Hill (AmCham EU, Brussels), Floor Doppen (University of Antwerp), Kaarli Eichhorn (Antitrust Partner, Jones ...
Continue reading The Devil is in the Details – The Real Screening Report
Part 4 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/452. Authors: Floor Doppen (University of Antwerp), Andrew Hill (AmCham EU, Brussels) Introduction The Commission published its 5th ...
Continue reading The Elephant in the Room: Subsidiarity in Investment Screening in the EU
Part 5 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/45 Authors: Andrew Hill (AmCham EU[1]), and Floor Doppen (University of Antwerp) Introduction White smoke poured over ...
Continue reading Mirror, Mirror on the Wall, What’s the Outcome of the Trilogue?
Part 6 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/45 Authors: Andrew Hill (Amcham Europe), and Floor Doppen (University of Antwerp) Introduction The clock has started ...
Continue reading CELIS–L&G Blog Series
Introducing: the CELIS-L&G Blogseries
Welcome, readers, to the inaugural blog post of a new collaboration between the academic journal Law & Geoeconomics (L&G) and the CELIS Institute. To set the tone, we decided to ...
Continue reading Proxies, Partners, or Opponents? Rethinking Business–Government Relations in Geoeconomic Competition
Authors: Olivier Schmitt (Royal Danish Defence College), Anna Vlasiuk Nibe (University of Southern Denmark) All articles in Law & Geoeconomics are available free of charge via Brill using the access token LGEO4U until 31 ...
Continue reading Why Economic Security Depends on Bureaucracy: The Hidden Side of Derisking
Authors: M. Di Giulio (Associate Professor, Università di Genova), F. Baraldi (Post-doctoral Research Fellow, Vrije Universiteit Amsterdam), and M. Sguazzini (Post-doctoral Research Fellow, Università di Genova) This blog is part ...
Continue reading Can – and should – the EU align with US economic security policy?
Varg Folkman (Policy Analyst, the European Policy Centre) Introduction Back during Europe's summer of discontent in 2025, it went somewhat overlooked - amidst the larger trade story - that the ...
Continue reading The State of Exception in EU Investment Law
Author: Jochem de Kok (Affiliate Fellow at the Amsterdam Centre for European Law and Governance of the University of Amsterdam and Senior Associate at A&O Shearma) This blog post is ...
Continue reading Regulating Critical Minerals and Economic Security in South America: Brazil, Chile, and Argentina in Comparative Perspective
Authors: Natália de Lima Figueiredo (Assistant Professor, Federal University of São Paolo) & Michelle Ratton Sanchez Badin (Associate Professor, FGV São Paulo School of Law) Introduction[1] "Economic security" has quickly ...
Continue reading The Small Yard Problem: How America and Japan De-Risk from China
Author: Timothy Cichanowicz (PhD Candidate, University of Kansas) This blog is part of the CELIS-L&G special series. All articles in Law & Geoeconomics are available free of charge via Brill using the ...
Continue reading Supply Chain Secondary Sanctions: How China Weaponised Lithuania’s Trade Links
Author: Verónica Fraile del Álamo (PhD Researcher, Australian National University) & Darren J. Lim (Senior Lecturer, Australian National University) This blog is part of the CELIS-L&G special series. All articles ...
Continue reading EU Sanctions and Investment Arbitration: An Attempt at Moving the Goalposts through Increased Securitisation?
Author: Alexandros Bakos ((Postdoctoral researcher, Hamad Bin Khalifa University, College of Law) Introduction After the Achmea and Komstroy sagas, marking the end of intra-European Union (EU) investor-state arbitration, the Union ...
Continue reading Latest Blog Posts
CFIUS should steel itself from domestic presidential politics. On Biden’s public intervention on the Nippon Steel-US Steel Acquisition
By Thomas P. Feddo, founder of The Rubicon Advisors LLC and former Assistant Treasury Secretary for Investment Security (2019-2021) This blogpost elaborates on the opinion piece ‘Biden, CFIUS and the US Steel Acquisition’ authored by Feddo and published on the Wall Street Journal (15 April 2024) In December 2023, Nippon Steel and US Steel announced their plan to ...
Continue reading Corporate Sustainability in the EU and the Obstacle Race to Eliminate Products of Forced Labour: a Pyrrhic Victory?
By Nicola Mongelli, LL.M (University of Antwerp) Introduction On the 23rd of April 2024, the European Parliament (EP), concluded the first reading of the text of the upcoming Regulation prohibiting products made with forced labour on the Union market. This contribution will comment on the Regulation on Products of Forced Labour (PFL Regulation), addressing some critical points. I will start ...
Continue reading Ties that bind: A Transatlantic approach to investment screening and economic security
Washington, D.C., 05.07.2024 – Today, the CELIS Institute, in collaboration with the Center for International Private Enterprise (CIPE), hosted a key event, focusing on investment screening and national security issues across the US and EU. This high-level conference, aimed at reinforcing transatlantic economic security ties, brought together government officials, business leaders, and experts from finance, banking, private practice, and academia. ...
Continue reading CELIS Update on Investment Screening – April 2024
United Kingdom - Response of the UK Government to the Cabinet Office’s ‘call for evidence’ The UK Government published its response to the Cabinet Office’s ‘call for evidence’ on the National Security and Investment Act 2021 in April 2024. The UK’s new National Security and Investment Act (NSI) came into force on 4 January 2022, introducing new requirements for FDI ...
Continue reading UK investment screening: Government confirms commitment to a more pro-investment approach and sets out next steps
By Veronica Roberts and Ruth Allen, Herbert Smith Freehills LLP On 18 April 2024 the UK Government published its response to feedback from stakeholders on the operation of the UK National Security and Investment (NSI) regime since it entered into force in January 2022, gathered via a Call for Evidence issued in November 2023 (see our previous blog post here). During ...
Continue reading The EU Economic Security Strategy: a Novel Approach or the Reemergence of an Old Idea?
[This blog post summarizes the following article: A. Lymperopoulos, ‘The EU Economic Security Strategy: a Novel Approach or the Reemergence of an Old Idea?’ (2024) 1 European State Aid Law Quarterly 40.] 1. What is Economic Security? The recent Economic Security Strategy (Strategy) of the European Commission (EC) introduces a new dogma in the trade relations of the EU. The ...
Continue reading KlimaSeniorinnen: how did the ECtHR define States’ climate policy obligations?
Charlotte Dierickx-Visschers is a student researcher and LLM student at the University of Antwerp. She mainly focuses on sustainable development, environmental justice and fundamental rights law. On the 9th of April, the European Court of Human Rights (ECtHR) delivered three long-awaited rulings involving States’ obligations to mitigate climate change. Whereas two cases were declared inadmissible, the Court affirmed a violation ...
Continue reading Introducing CELIS Pathway Training and CELIS Institute Membership
Steffen Hindelang, Roland Stein and Andrea Berger Athens Read in this Blog Post about two of the Institute’s latest projects: (1) We have recently launched the unique CELIS European Investment Screening Pathway Training. This series of courses is specifically designed for professionals who want to navigate the increasingly complex landscape of investment screening in Europe and beyond. The first ...
Continue reading The Role of US Investments for EU Technology Sovereignty
Dr Matthias Bauer, Director at ECIPE and Ms Dyuti Pandya, Junior Analyst at ECIPE Industry data point to a considerable investment disparity between US and EU digital companies, underscoring the role of US tech investments in the EU's Information and Communications Technology (ICT) sector and highlighting the mutual interdependence between the two regions. In this piece, we delve into ...
Continue reading What Role For Indonesian State-Owned Enterprises After The Presidential Elections?
By Pierfrancesco Mattiolo, University of Antwerp The Indonesian economy is growing at a rapid pace, following a model that combines free market principles with State planning. During the administration of President Joko Widodo, State-Owned Enterprises have gained even more prominence. How will his successor Prabowo Subianto wield this tool? Over the next twenty years, Indonesia could become the world's ...
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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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