CFIS 24: Paris Insights – Securing Europe’s Future: Investment Screening and Economic Security in the Context of EU Enlargement

CELIS Update on Investment Screening - November 2023

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.…

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CFIS 24: Paris Insights – Preserving the Battlefield Gap in the Area of Technology: Between Export Control and Outbound Investment Screening 

CELIS Update on Investment Screening - November 2023

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.…

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The Growing “Informalisation” of EU Trade and Investment Law: The End of a Rules-Based Order?

CELIS Update on Investment Screening - November 2023

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…

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CFIS 24: Paris Insights – The Current Global Regulatory & Investment Environment: The OECD Countries’ Perspective on Economic Security

CELIS Update on Investment Screening - November 2023

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. CFIS is the flagship event…

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The ‘Protecting Americans from Foreign Adversary Controlled Applications Act’ (PAFACAA): ‘TikTok Ban’ or New Milestone in US Economic Security Law?

By Paolo Mazzotti, PhD candidate and Research Fellow, Max Planck Institute for Comparative Public Law and International Law (Heidelberg) The recently adopted ‘Protecting Americans from Foreign Adversary Controlled Applications Act’ (PAFACAA) marks a new step in the evolution of US economic security law. While often referred to as a ‘TikTok ban’, PAFACAA puts in place…

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CFIS 24: Paris Insights – FDI and EU Strategic Autonomy

CELIS Update on Investment Screening - November 2023

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. CFIS is the flagship event…

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CFIS 24: Paris Insights – Sovereign Wealth Funds and Investment Screening

Simon Shargi-Erdmosa

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. CFIS is the flagship event…

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The First Court (Interim Reliefs) Decision on the Dutch FDI Screening Regime: Setting the Boundaries

Najibullah Zamani

By Najibullah Zamani, Radboud University Introduction In recent years, mostly due to geopolitical developments, the perception of FDI by states has changed fundamentally. FDI is used increasingly as a tool to pursue geopolitical and security interests rather than as an objective in itself. As a consequence of this geo-politicization and securitization of FDI, more and…

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The U.S. Prohibition of the MineOne-Acquisition: What would be the treatment under EU and German Foreign Direct Investment Legislation?

Benedikt Sichla

By Benedikt Sichla, Research assistant at Clifford Chance  1. Introduction On May 13, 2024, President Biden issued an order prohibiting for national security reasons the acquisition of real estate and the operation of a cryptocurrency mining facility in close proximity to a U.S. Air Force base. The foreign ownership of the acquirer by nationals of…

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Foreign Direct Investment in Thailand

CELIS Update on Investment Screening - December 2023

By Lukas Baumgärtner, Mag. Iur, LL.M., Attorney at Law at Luther Rechtsanwaltsgesellschaft (Bangkok and Yangon)   I. INTRODUCTION Thailand has demonstrated a significant trajectory of economic development over recent decades, with foreign direct investment (ʺFDIʺ) being an important contributor to this success. FDI inflows stood at USD 10 billion in 2022, down by 31.5% compared…

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The First Court Decision on the Austrian FDI Screening Regime

CELIS Update on Investment Screening - December 2023

By  Dr. Johannes Barbist,  Binder Grösswang   I. Introduction A regular CELIS blog reader will know already: Austria is at the forefront of EU jurisdictions when it comes to FDI filings submitted to the EU cooperation mechanism (counted by population, see here for a compilation of the data). However, until very recently there were no…

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Conference on Investment Screening in Austria

CELIS Update on Investment Screening - December 2023

On Thursday, 13. June 2024, the second edition of the annual conference on investment screening in Austria and the EU will take place at the University of Vienna. The aim is to convene experts from academia and legal practice to discuss topical issues of investment screening and further legal initiatives designed to strengthen the EU’s open…

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Corporate Sustainability in the EU and the Obstacle Race to Eliminate Products of Forced Labour: a Pyrrhic Victory?

CELIS Update on Investment Screening - December 2023

By Nicola Mongelli, LL.M (University of Antwerp) Introduction On the 23rd of April 2024, the European Parliament (EP), concluded the first reading of the text of the upcoming Regulation prohibiting products made with forced labour on the Union market. This contribution will comment on the Regulation on Products of Forced Labour (PFL Regulation), addressing some…

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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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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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