Posts Tagged ‘2023’
France – Décret n° 2023-1293 (19 December 2023) (French)
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Read More ...Hungary – Decree No. 566/2023 (14 December 2023) (Hungarian)
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Read More ...Singapore – Significant Investments Review Bill (2023) (English)
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Read More ...Germany – Special Fees Ordinance (German)
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Read More ...EU – Special report by the European Court of Auditors
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Read More ...A message from the Editorial Team – Holiday Break
The Editorial Team of the CELIS Blog will be offline for the holidays. The CELIS Blog will be back with more exciting news on investment screening and beyond on 8 January 2024.
Read More ...Country Report Australia 2023
CELIS Country Report on Australia, 2023 by Tania Voon. Australia was one of the first countries to introduce a mechanism for the ‘screening’ or approval of inward foreign investment, in the 1970s. The mechanism has evolved over time, most recently since the COVID-19 pandemic began in 2020. It purports to reflect Australia’s welcoming of inward…
Read More ...Lessons learned from the “Kleo Connect” Case
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…
Read More ...Huawei Technologies Co. LTD. v. The Kingdom of Sweden – ISDS as a potential remedy against the Huawei ban from the 5G rollout?
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…
Read More ...Screening Regime for Foreign Investment to be Introduced in Ireland
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…
Read More ...Marking a New Investment Era in Sweden: Enter the Swedish FDI Regime
By Pouya Ghotbi, Wistrand Advokatbyrå Background In 1916, the Swedish government introduced a piece of legislation restricting the right of foreigners to invest in Sweden. During the 1970s and early 1980s, the legislation was further tightened, making it difficult for foreigners to acquire businesses in Sweden without government scrutiny. The Act was abolished 1991,…
Read More ...European Commission – Summary results of the Targeted consultation on the evaluation and revision of the EU FDI Regulation (28 November 2023) (English)
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Read More ...Sweden – Foreign Direct Investment Act (September 2023) (Swedish)
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Read More ...Ireland – Screening of Third Country Transactions Act (English)
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Read More ...Taking due process seriously – The Administrative Court of Berlin doubles down on FDI procedural rules
By Jonas Fechter, University of Münster / CELIS Deputy Assistant Director I. Introduction Investment screening is infamous for the low number of judicial proceedings that have challenged the legality of the prohibition and mitigation measures imposed by governments. As a result, there is, as yet, no strong body of case law clarifying how investment screening…
Read More ...Anti-subsidy investigation in Chinese Electric Vehicles: fairness, global competition and geopolitics
By Mark Konstantinidis, King’s College London Introduction and background In September 2023, European Commission President Ursula von der Leyen delivered her State of the Union address to the European Parliament. President von der Leyen warned that ‘global markets are now flooded with cheaper Chinese electric cars. And their price is kept artificially low by…
Read More ...China’s growing assertiveness in the use of economic sanctions: where are we heading?
By Dr. Iryna Bogdanova, World Trade Institute China’s growing assertiveness in the use of economic sanctions: where are we heading? The US-China trade war, tightening of US export controls, and economic sanctions against Chinese technology companies instigated major revisions of Chinese laws and regulations that emulate Western tools used to implement economic sanctions. These…
Read More ...Building Resilience in Investment Screening and Economic Security: Lessons from India
By Prof. Dr Bimal N. Patel, Member, National Security Advisory Board, India; Vice-Chancellor, Rashtriya Raksha University; Member, UN International Law Commission (The views are personal) Strategies and balancing of priorities in economic security No nation can proliferate without foreign direct investment. Even so, in certain sectors, such as military or network technologies, FDI may raise national…
Read More ...Between Openness and Security: CFIS 23 – Roundtable ‘Looking for a design of Europe’s Screening Mechanism(s)’
By Leonard von Rummel, BLOMSTEIN and Ass.-Prof. Dr. Lena Hornkohl, University of Vienna / CELIS Deputy Director The annual conference of the CELIS Institute dealt with the pivotal question of Investment Screening and Economic Security and its current challenges. CFIS 2023 was held in Prague from 11 – 13 October 2023 and consisted of a private and a…
Read More ...UNCTAD – SDG Investment Trends Monitor, Issue 4 (September 2023)
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Read More ...UNCTAD – World Investment Report 2023
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Read More ...United Nations Conference on Trade and Development – Investment Promotion in LDCs: A Needs Assessment (March 2023)
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Read More ...UNCTAD – Investment Trends Monitor, Issue 45 (March 2023)
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Read More ...UNCTAD – Investment Trends Monitor, Issue 44 (January 2023)
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Read More ...The UK’s National Security and Investment Regime: Key insights from the Annual Report 2022-23
By Nissim Massarano, Clifford Chance[1] On 11 July 2023, the UK’s Investment Security Unit (“ISU”) released its annual report on the operation of the UK National Security and Investment (“NSIA”) regime for the period covering 1 April 2022 – 31 March 2023 (here). The Annual Report provides aggregated data on the operation of the…
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