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 prevent foreign investment screening measures from being subject to successful challenge under such treaties. It will demonstrate that there are a wide variety of strategies for insulating investment screening measures from successful challenge under an…

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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 in Law & Geoeconomics are available free of charge via Brill using the access token LGEO4U until 31 December 2026. More details are available at the L&G page here. Introduction…

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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 direct investments (“FDI”) are often taken at the post-establishment phase—after the foreign investor already has made an investment in the host State—but may have an effect on the validity of the investor’s earlier acquisition or…

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CELIS Update on Investment Screening and Economic Security – May 2026

Authors: Helene Schramm with the assistance of interns Reet Sodhi and Aditi Singh   INVESTMENT SCREENING MECHANISMS  Finland – Planned Revision of FDI Screening Regime to Address Emerging Security Risks  The foreign direct investment (“FDI”) screening framework in Finland is going through a major revamp to address the risks to national security, security of supply, and undue foreign influence, more efficiently.  The new…

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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 enjoys broad authority to regulate the admission of foreign investment into its territory, including by reviewing, conditioning, or prohibiting a contemplated transaction before it is implemented. This can be motivated by national security considerations or…

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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 foreign investment still breathe the air of the liberal, if not neoliberal era in which they were created. They place particular emphasis on the promotion and protection of foreign-owned property and often enable foreign investors…

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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 access token LGEO4U until 31 December 2026. More details are available at the L&G page here. Introduction China’s rise and fears of weaponized interdependence are causing democracies to…

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Defence Tech, Venture Capital and Investment Screening: Germany’s Strategic Capital Dilemma

Authors: Jesper Spangenberg (Practice Lead Defence & Space, Werter GmbH) and Simon Sharghi-Erdmosa (Managing Programme Associate & Acting Head of Programmes and Partnerships, CELIS Institute) Introduction [1] The gradual erosion of the transatlantic relationship has prompted Brussels and European capitals to reassess the relationship between military and economic security. Historically, the two have always been…

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CELIS Update on Investment Screening and Economic Security – April 2026

Authors: Helene Schramm with the assistance of interns Reet Sodhi and Aditi Singh   INVESTMENT SCREENING MECHANISMS   Cyprus – Introduction of New FDI Screening Regime Under Law 194(I)/2025  Cyprus has introduced a new national framework for the screening of foreign direct investments (“FDI”) under Law 194(I)/2025 “On the Establishment of a Framework for the Screening of Foreign Direct Investments”,…

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Bridging Investors, Industry and Government: Germany’s Ministry of Defence in Investment Screening – A Conversation with the Head of FDI Screening at the German Federal MoD

Authors: Floor Doppen (post-doctoral researcher, University of Antwerp), Simon Sharghi-Erdmosa (Managing Programme Associate & Acting Head of Programmes, CELIS Institute)   Introduction In Germany, public defence spending is reaching unprecedented levels, reflecting the current political momentum to expand manufacturing capacities and consolidate key capabilities within Germany and the European Union (EU). Yet public funding alone…

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„Invest European“ Ante Portas? FDI Screening under the Commission proposal for the Industrial Accelerator Act

Authors: Leonard von Rummel (Partner, Blomstein), Jan Philipp Huth (PhD Candidate, European University Viadrina Frankfurt (Oder)) 1. Introduction After heated political debates and several publication announcements postponed or cancelled at the last minute, the Commission eventually unveiled its proposal for the Industrial Accelerator Act (IAA Proposal) on March 4, 2026. Even though the suggested introduction…

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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 become a defining concept in G7 debates on critical minerals. But how does this agenda translate to major producers such as Brazil, Argentina, and Chile?…

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The first ex officio investigations under the EU Foreign Subsidies Regulation in Nuctech and Goldwind. What are the Commission’s priorities?

Author: Pierfrancesco Mattiolo (PhD Candidate, University of Antwerp) The European Commission has recently announced the opening of two in-depth investigations under the Foreign Subsidies Regulation on the Chinese companies Nuctech (security equipment) and Goldwind (wind turbines). Introduction: is the Commission prioritising strategic sectors in ex officio investigations? Over the recent months, new enforcement developments have…

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From Legal Perfection to Operational Maturity: Romania’s Investment Screening Journey

Authors: Anne Bonet (senior advisor, CELIS institute) & Floor Doppen (senior programme associate, CELIS Institute) Introduction: A Conversation with Ana-Maria Belacurencu Across Europe, investment screening mechanisms have moved from legislative blueprints to operational realities. While each Member State followed its own constitutional and political path, many faced similar challenges: designing new institutions, building analytical capacity,…

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CELIS Update on Investment Screening and Economic Security – March 2026

By Helene Schramm with the assistance of interns Reet Sodhi and Aditi Singh   INVESTMENT SCREENING MECHANISMS  European Union – Revised EU FDI Screening Regulation Moves Toward Final Approval  On 10 February 2026, the draft of the new EU FDI Screening Regulation (“Proposal”), emerging from trialogue negotiations, was published following approval by the Permanent Representatives Committee. The Presidency…

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The Horizon of Investment Screening in Ukraine

Authors: Anton Arkhypov, John Kay, Mariia Bykova, Mykyta Nota and Simon Sharghi-Erdmosa. Introduction In a newly published report produced by CELIS in collaboration with the Center for International Private Enterprise (CIPE), we examine Ukraine’s emerging foreign direct investment (FDI) screening framework at a critical moment for the country’s post-war reconstruction. We analyse Ukraine’s two draft…

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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 based on the author’s article ‘Investment Screening in the EU: From Liberalisation to the State of Exception’, published open access by The Journal of World…

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Who Manufactured the EU’s Trade Bazooka? ACI, ECFR, and the Geoeconomic Policy-Making

Author: Jaša Veselinovič (Research Associate, Vrije Universiteit Amsterdam) Introduction In response to Donald Trump’s intensifying desire to ‘acquire’ Greenland, the EU adopted an open-carry attitude to its “trade bazooka”. The Anti-Coercion Instrument (ACI) has been brandished more openly by European political elites with encouragement from across the Atlantic by the likes of Paul Krugman and…

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France’s FDI Regime: Recent Decisions Signal More Oversight

Author: Wesley Lainé (Associate, Skadden) Introduction France is a top destination for foreign direct investment (FDI) in Europe, attracting significant inflows through cross-border mergers and acquisitions (M&A). However, like most open economies, France has sought to balance its commitment to open markets with the need to protect its national interests. Achieving this balance—which has evolved…

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Authorities at the helm – Developing investment screening capabilities in Belgium – An interview with Anne Bonet

Part 1 in the CELIS blogseries ‘Authorities at the helm’ Author: Floor Doppen Introduction In the European Union (‘EU’), investment screening regulation has proliferated in the past five years. Many member states developed new administrative capabilities, struggled to develop the governance capabilities to screen investments efficiently, were tasked with explaining to colleagues, firms, lawyers and…

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CFIUS’s Known Investor Program: A New Chapter in Foreign Investment Screening

Author: Anonymous Introduction / Context The Committee on Foreign Investment in the United States (“CFIUS”) previously announced a “Known Investor Program” to streamline the U.S. foreign investment review process. Under the program, certain repeat, low-risk foreign investors may provide detailed information to CFIUS in advance of any specific deal. By collecting and assessing detailed information…

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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 ticking for the early-2028 implementation deadline of the Foreign Investment Screening Regulation (the ‘Regulation’) with Germany already announcing that it will consolidate its screening rules…

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Balancing Economic Security and Investment Protection – The Case of Nexperia and the China–Netherlands BIT

Authors: Steffen Hindelang (CELIS Institute), Liam McGrath (CELIS Institute), Helene Schramm (CELIS Institute) I. Introduction While the European Union and its Member States are still assessing whether to introduce a mechanism to review outbound investment for economic security reasons, the Netherlands appears to be ahead of the policy curve. On 30 September 2025, following reports…

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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 EU, in its Turnberry Deal with the United States, had promised to “strengthen economic security alignment” between the two entities. The deal itself ended the…

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