CELIS-Blog
Understanding the Importance of Investment Screening measures for Financial and Economic Security of India
By professor Bimal N. Patel, Vice-Chancellor, Rashtriya Raksha University / National Security University of India Introduction The interdependence of economic policies and progress and national security always remains intertwined; financial and economic strength of India underpins its military capabilities, diplomatic influence, and internal stability. The Indian economy is likely to continue growth-rate of 7% in…
Read More ...Belgium’s FDI Screening Mechanism: 17 Months of Navigating the Blackbox
By Paul Hermant, Baptist Vleeshouwers and Claire De Neve. 1. Introduction Belgium’s Foreign Direct Investment (FDI) screening regime, implemented on 1 July 2023, is designed to protect the national security and strategic interests of Belgium and its federated entities. Now, over 17 months into the regime, and with the release of the first Annual Report…
Read More ...The Commission´s and ECJ´s Approach to Investment Arbitration
By Juliane Kokott, Advocate General at the Court of Justice of the European Union Juliane Kokott, Advocate General at the European Court of Justice, discusses two developments in the area of investment law. This blog series features two posts by AG Kokott on (I) intensified investment screening and (II) on the ECJ-induced termination of intra-EU…
Read More ...The ECJ and Investment Control – Intensified Investment Screening
By Juliane Kokott, Advocate General at the Court of Justice of the European Union The European Court of Justice (ECJ) and the Commission very much influence the investment climate in Europe. They have been very successful in abolishing all kind of direct and indirect impediments to the free movement of people, goods, services and capital.…
Read More ...Update on Outbound Investment Screening: Current Developments in the EU and US
By Konstantin Ahlers, PhD Candidate at the Leibniz Universität Hannover 1. Introduction Since the European Commission added the regulation of Outbound Investments onto its 2023 Working Program in fall 2022 and President Biden signed the Executive order to restrict Outbound Investments by US- persons in summer 2023, a lot has happened in regard of Outbound…
Read More ...How to Prevent the EU from Falling Behind?
By Bruno Dupré, Political Advisor for the Indian Ocean, European External Action Service Summary The future of Europe does not depend on what President Trump thinks or will do. Nobody knows and he is to a certain extent unpredictable. The future of Europe will depend on our capacity to take our destiny in our…
Read More ...The Stony Road to de-fragmentation of EU Foreign Direct Investment Control
By Oliver Geiss This blog was first published on the Squire Patton Boggs Trade Practitioner Blog On 9 September, Mario Draghi published a report on ‘The Future of European Competitiveness’ highlighting the need for the EU to strengthen its Investment Screening Mechanism. The report was part of a broader effort to assess and…
Read More ...Can the “buy European” requirement counter the challenges of the European Defence Technological and Industrial Base? A critical perspective on EDIS and EDIP
By Grith Skovgaard Ølykke[1], Gregory Kegels, Caroline Buts and Cind Du Bois. This post has been prepared within the framework of the BEPIDS project (Belgian Economic Potential in the Industry of Defence and Security), a project funded largely through the ‘Belgian Federal Public Planning Service Science Policy’ (BELSPO) and partially by the Belgian ‘Royal Higher Institute…
Read More ...CELIS Update on Investment Screening – October 2024
European Union – European Commission releases Fourth Annual Report on the screening of foreign direct investments into the Union On 17 October 2024, the European Commission (“EC”) released the Fourth Annual Report on the screening of foreign direct investments into the Union (“Report”) for the year 2023. The Report is divided into 4 chapters and…
Read More ...Some Reflections on the Investment Control Regime in Sweden: Unnecessary Obstacles to Legitimate Financing?
By Alexander Tham and Maja Kristiansson-Gran The Swedish Act on Screening of Foreign Direct Investments (the “FDI Act”) entered into force on 1 December 2023. The FDI Act is the first of its kind in Sweden, at least in the modern legislative landscape. (Pouya Ghotbi 2023 has given an overview, not only of the FDI Act…
Read More ...The Swedish Screening of Foreign Direct Investments Act
By Dr. iur. Magnus Schmauch, Louise Sörelind, Martyna Lechowska, Gustav Eiroff Introduction The Swedish Act on the Screening of Foreign Direct Investments (Sw. lag (2023:560) om granskning av utländska direktinvesteringar) (the “FDI Act”) entered into force on 1 December 2023. Closing in on the first anniversary of the FDI Act, Dr. iur. Magnus Schmauch…
Read More ...Protecting EU Sanctions by Invoking the Denial of Benefits Clause of the Energy Charter Treaty
By Johannes Tropper, University of Vienna Introduction Recently, on 24 September 2024, the Secretariat of the Energy Charter Treaty (ECT), received a communication from the EU and all its member states, except Hungary. According to the notification, they are exercising their right under the ECT to deny the benefits of investment protection under the ECT…
Read More ...Balancing Security and Economics: The EU Investment Screening Mechanism
By Floor Doppen (University of Antwerp), Antonio Calcara (Vrije Universiteit Brussels) and Dirk De Bièvre (University of Antwerp) In the EU, Member States and the Commission are increasingly turning to trade and investment tools to address national security issues. In the face of concerns over technology leakage, supply chain resilience, dependencies in critical industries, data…
Read More ...The European Commission’s Fourth Annual Report on FDI Screening
By Sophie Bohnert, CELIS Blog A. Introduction This October is the month of investment screening. Not only did CFIS 2024, hosted by the CELIS Institute and convened by Steffen Hindelang and Roland Stein, take place in Paris (France) from 16 to 18 October 2024. It is also the month in which the European Commission (“EC”)…
Read More ...(Bio)Fueled to Combat Climate Change? An Analysis of the WTO Panel Decision in the EU-Palm Oil (Malaysia) Dispute
By Isha Das, University of Passau I. Introduction The Panel report in the EU–Palm Oil (Malaysia) dispute[i] was circulated on 5 March 2024. It is an important addition to the list of environment-related international trade disputes brought before the World Trade Organisation (‘WTO’). This is the first time that a WTO Panel has had to…
Read More ...FDI And FSR Enforcement Trends in Europe: July and August 2024 – Hard Times For Chinese Investments In Europe?
Note from the Editors This post was first published on the Baker McKenzie Blog. By Paul Johnson, Pavlo Prokhorov and Beau Maes, all Baker McKenzie This summer was marked by a particular focus and scrutiny by authorities on transactions involving investors from China, which is typically considered a “risk” jurisdiction from an EU FDI and…
Read More ...CFIS 24: Paris Insights – Securing Europe’s Future: Investment Screening and Economic Security in the Context of EU Enlargement
A Note from the Editors The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS.…
Read More ...CFIS 24: Paris Insights – Preserving the Battlefield Gap in the Area of Technology: Between Export Control and Outbound Investment Screening
A Note from the Editors The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS.…
Read More ...CFIS 2024: Issue Notes (Part 2/2)
A Note from the Editors The CELIS Blog is launching its second special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). The Issue Note series provides analyses which are published to elicit comment and to further debate. The series is written by our Programme Sherpas, promising young academics and…
Read More ...CFIS 2024: Issue Notes (Part 1/2)
A Note from the Editors The CELIS Blog is launching its second special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). The Issue Note series provides analyses which are published to elicit comment and to further debate. The series is written by our Programme Sherpas, promising young academics and…
Read More ...The Dutch Strategy for Attracting Foreign Investments and Protecting National Security
By Olga Hrynkiv[i] The Netherlands is at a pivotal moment where it must strike a delicate balance between the influx of foreign investments and the imperative to protect its national security. For a long time, Dutch governments have resisted the introduction of a general screening mechanism on national security grounds, concerned it could hinder the…
Read More ...CELIS Update on Investment Screening – September 2024
European Union – European Commission has granted conditional approval in first in-depth review for an M&A transaction On 24 September 2024, the European Commission has approved the acquisition by Emirates Telecommunications Group Company PJSC (ETGC) of sole control of PPF Telecom Group B.V. (PPF), excluding its Czech business, under the Foreign Subsidies Regulation. The approval is conditional on…
Read More ...Towards a centralisation of FDI screening in the EU? On the functioning and effects of the cooperation mechanism in the Commission’s proposal for a revised screening regulation
By Steffen Hindelang and Jan Philipp Huth[i] A. Introduction To those arguing, before the backdrop of increasing geopolitical tension, in favour of a security-oriented European industrial policy, it may seem like a relic of bygone times. However, Art. 63 para. 1 TFEU – still – provides for free movement of capital between the EU and…
Read More ...The Growing “Informalisation” of EU Trade and Investment Law: The End of a Rules-Based Order?
By Sophie Bohnert, Vienna University of Economics and Business I. Introduction Since approximately 2017, EU trade and investment law has not only taken a “unilateral turn”[i] but has also experienced a “softening”. The EU appears to be adopting an increasingly informal approach to pursuing its policy objectives, alongside other major players such as the United…
Read More ...CELIS Update on Investment Screening – August 2024
EU – European Commission publishes Commission Staff Working Document giving clarifications on the application of Art. 4 (1), Article 6 and Article 27(1) of Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market On 26 July 2024, the European Commission (“EC”) published the Commission Staff Working Document on foreign subsidies distorting the internal market…
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