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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CELIS Webinar on the new EU Economic Security Package

The EU Commission's Economic Security Package: Scale Up and Revamp

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…

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Is the EU Foreign Subsidies Regulation compatible with WTO Law?

CELIS Update on Investment Screening - December 2023

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,…

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The EU Commission’s Economic Security Package: Scale Up and Revamp

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…

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Foreign direct investment screening in the EU: time to address weaknesses

Mihails Kozlovs

By Mihails Kozlovs, Member of the European Court of Auditors, Dean of Chamber IV – Regulation of markets and competitive economy Introduction The European Court of Auditors (ECA) in its role as the European Union’s (EU) external auditor audits not only the implementation of the EU budget, but also assesses the economy, effectiveness, and efficiency of…

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Outbound Investment Screening

CELIS Update on Investment Screening – May 2023

By Dr. Leonard von Rummel, BLOMSTEIN   With the “Executive Order on Addressing United States Investments In Certain National Security Technologies and Products In Countries Of Concern“, the USA has drafted a regulation for outbound investment control. This article deals with the question of whether a comparable project could also be transferred to Europe or…

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Call for Feedback

Call for Feedback

Dear CELIS Community, As we strive to propel the CELIS Institute’s mission forward and foster growth, we invite you to play a key role in our journey. Your insights are invaluable, and we would greatly appreciate it if you could take a moment to provide brief feedback on what you value most about the CELIS…

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The European Union’s Anti-Coercion Instrument – A Closer Look at Decision-Making under a Politicized Trade Instrument

CELIS Update on Investment Screening – May 2023

By Alexia Crivoi, Vienna University of Economics and Business Introduction The European Union’s (EU, Union) Anti-Coercion Instrument (ACI) is finally here. After an overwhelming majority vote by the European Parliament (EP) and the formal adoption by the Council, the ACI has now also made it into the Official Journal of the European Union. Regulation (EU)…

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The Anti-Coercion Instrument – The Practical Repercussions of the ACI’s Entry into Force (Part II)

By Anh Nguyen, University of Amsterdam This is the second post in a two-part blog post providing an international law deep dive on practical repercussions of the ACI’s entry into force. This post will discuss international trade law perspectives on the ACI’s unilateral invocation of countermeasures. The previous post focused on general international law perspectives…

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The CELIS Institute together with BLOMSTEIN have successfully assisted AmCham Moldova in improving the national Moldovan FDI law and align it with best practises in the EU

The CELIS Institute together with BLOMSTEIN have successfully assisted AmCham Moldova in improving the national Moldovan FDI law and align it with best practises in the EU

Over the past three months, the CELIS Institute has brought together a team of leading FDI experts to assist the American Chamber of Commerce (AmCham) in Moldova in improving Moldova’s Foreign Direct Investment (FDI) screening mechanism. The team supporting this process consisted of Dr Roland M. Stein and Dr Laura Louca from BLOMSTEIN and Professor…

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CELIS Update on Investment Screening – December 2023

Romania – New Amendments to the Romanian FDI regime On 6 December 2023 the Government Emergency Ordinance no. 108/2023 (“GEO 108/2023) was published in the Official Gazette. GEO 108/2023 provides for new amendments to Romania’s Competition Law no. 21/1996, aimed at fully transposing the EU Directive 1/2019 into local law. Main legislative changes include the…

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Launch of the CELIS German Chapter and BDI-Event in Berlin

Home CELIS NOW KICK-OFF 23

By Leonard von Rummel, BLOMSTEIN  If you are interested in the latest developments and challenges in the field of investment screening and its impact on the German economy, you should not miss the Investment Screening Conference hosted by BDI and CELIS German Chapter on February 20, 2024 at the Haus der Deutschen Wirtschaft in Berlin.…

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Lessons learned from the “Kleo Connect” Case

CELIS Events

By Janosch Wiesenthal, University of Lüneburg     Due to its geo-economic orientation, both politicians and legal scholars usually perceive investment screening as a field being at the mercy of political interests. The “Kleo Connect” case confirms that this traditional perception still holds true. In addition, it also reveals that investment screening mechanisms might be…

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Huawei Technologies Co. LTD. v. The Kingdom of Sweden – ISDS as a potential remedy against the Huawei ban from the 5G rollout?

Home - CELIS 2021

By Kilian Wagner, University of Vienna    Spearheaded by the United States, several states including Australia, Canada, Japan and the United Kingdom have imposed restrictions on the Chinese tech-giant Huawei. These measures essentially ban Huawei’s products for the roll-out of the infrastructure for the fifth generation of wireless technology (5G) on national security grounds. The…

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Screening Regime for Foreign Investment to be Introduced in Ireland

CELIS Update on Investment Screening – May 2022

By Conor Hand, Deputy Director Investment Screening Unit at the Department of Enterprise Trade and Employment (Ireland)    Introduction In an increasingly interconnected world, the national and global security environment is becoming more contested and complex. Reflecting this changing environment, and the increasing diversification of threats, the Irish Government has passed a key piece of…

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