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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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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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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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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