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,…

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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,…

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KlimaSeniorinnen: how did the ECtHR define States’ climate policy obligations?

CELIS Update on Investment Screening - December 2023

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,…

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Introducing CELIS Pathway Training and CELIS Institute Membership

CELIS Update on Investment Screening - December 2023

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…

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The Role of US Investments for EU Technology Sovereignty

CELIS Update on Investment Screening - December 2023

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…

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What Role For Indonesian State-Owned Enterprises After The Presidential Elections?

CELIS Update on Investment Screening - December 2023

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,…

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Investment Screening in the UK under the 2021 National Security and Investment Act

CELIS Update on Investment Screening - December 2023

By Agata Daszko, University of Göttingen   In recent years the United Kingdom (UK) has joined many States in updating its legislation concerning scrutiny of national security issues when it comes to investments made in key or sensitive sectors. Indeed, the UK’s approach to investment screening underwent a significant transformation with the introduction of the…

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The Politization of Trade Defence Instruments

CELIS Update on Investment Screening - December 2023

By Victor Crochet and Weihuan Zhou   Trade defence instruments used to be described as dull and technical, of little interest except as a money maker for a handful of trade lawyers in Washington, Brussels and other administrative capitals. There are two main trade defence instruments aimed at protecting Members of the World Trade Organization (“WTO”)…

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CELIS Update on Investment Screening – February 2024

Ireland – Draft Guidance and Notification Form on the Irish Screening of Third Country Transactions Act 2023 On 16 February 2024, the Department of Enterprise, Trade and Employment published the Draft Guidance on the Irish Screening of Third Country Transactions Act 2023, as well as a Draft Notification Form. The regime is expected to enter…

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CELIS Announcement: CFIS 24 Save-the-date & More Exciting News

CELIS Update on Investment Screening - December 2023

Dear CELIS Community, We would like to share with you some exciting news and updates around the CELIS Institute. The date and venue for CFIS 24 have been confirmed (I.), and in preparation for the conference we are looking for master and PhD students to join the orga team as Conference Sherpas (II.). We are…

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Digital Trade And Investment Screening: Friends Or Foes?

CELIS Update on Investment Screening - December 2023

By Murilo Lubambo, University College London Entry of Foreign Investments and Digital Trade  This blog post discusses how investment screening activities by states may have an impact on digital trade. In other words, to what extent does investment screening constitute a restriction that affects the integration of digital trade between countries on a global basis? …

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Austria – The Investment Control “Powerhouse”

By Dr. Regina Kröll and Dr. Johannes Barbist, Binder Grösswang Disclaimer: This post was first published on the Binder Grösswang Law Blog On 25 July 2020, the Austrian Investment Control Act (Investitionskontrollgesetz – ICA) entered into force and started a new era of foreign direct investment (FDI) screening in Austria. This report aims at providing…

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

CELIS Update on Investment Screening - December 2023

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…

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The EU Anti-Coercion Instrument: Anti-What, Exactly?

CELIS Update on Investment Screening - December 2023

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…

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Chinese Investments in the EU, National Security, and Investor-State Arbitration

CELIS Update on Investment Screening - December 2023

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…

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Janus-Faced Competition Policy: For or Against FDI?

CELIS Update on Investment Screening - November 2023

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,…

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FDI Screening Regulation 2.0: Towards Greater Regulatory Convergence?

CELIS Update on Investment Screening - November 2023

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…

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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,…

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Politicization and Securitization of the 5G Rollout: What Role for International Economic Law?

Iryna Bogdanova

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…

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