Posts Tagged ‘FDI Screening’
UK investment screening: Government confirms commitment to a more pro-investment approach and sets out next steps
By Veronica Roberts and Ruth Allen, Herbert Smith Freehills LLP On 18 April 2024 the UK Government published its response to feedback from stakeholders on the operation of the UK National Security and Investment (NSI) regime since it entered into force in January 2022, gathered via a Call for Evidence issued in November 2023 (see our…
Read More ...The EU Economic Security Strategy: a Novel Approach or the Reemergence of an Old Idea?
[This blog post summarizes the following article: A. Lymperopoulos, ‘The EU Economic Security Strategy: a Novel Approach or the Reemergence of an Old Idea?’ (2024) 1 European State Aid Law Quarterly 40.] 1. What is Economic Security? The recent Economic Security Strategy (Strategy) of the European Commission (EC) introduces a new dogma in the trade…
Read More ...KlimaSeniorinnen: how did the ECtHR define States’ climate policy obligations?
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,…
Read More ...The Role of US Investments for EU Technology Sovereignty
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…
Read More ...What Role For Indonesian State-Owned Enterprises After The Presidential Elections?
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,…
Read More ...Strengthening the Biting Effect of EU Restrictive Measures Via Criminal Law – Some Critical Remarks
By Lorenzo Bernardini, University of Luxembourg This blog post summarizes some insights that are detailed in a forthcoming contribution to issue 1/2024 of the European Criminal Law Review (EuCLR). The author would like to express his heartfelt gratitude to Dr. Iryna Bogdanova for her kind invitation to contribute to the CELIS Blog. 1.…
Read More ...Investment Screening in the UK under the 2021 National Security and Investment Act
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…
Read More ...The Politization of Trade Defence Instruments
By Victor Crochet and Weihuan Zhou Trade defence instruments used to be described as dull and technical, of little interest except as a money maker for a handful of trade lawyers in Washington, Brussels and other administrative capitals. There are two main trade defence instruments aimed at protecting Members of the World Trade Organization (“WTO”)…
Read More ...The New Significant Investments Review Act of Singapore – Some Insights and Lessons for Europe
By Philipp Reinhold, Saarland University Singapore is known for a legal framework and public policies which are generally favourable towards foreign investors.[1] The country is one of the most open economies in the world. For 2023 as a whole, net inflows of direct investment rose by S$17.6 billion (around US$13 billion) to S$151 billion…
Read More ...The Quest for Policy Coherence between Competition Law and Foreign Investment Screening in the EU: Consistency or Disruption?
By Pietro Chiarelli, European Central Bank Disclaimer: This blog post was prepared by the author in his personal capacity. The opinions expressed in the blog post are the author’s own and do not reflect the view of the ECB. Introduction Foreign investment and competition are no strangers to one another. While the former is a…
Read More ...Digital Trade And Investment Screening: Friends Or Foes?
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? …
Read More ...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…
Read More ...The notion of “security” in foreign trade law – Theory and Practice
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…
Read More ...Chinese Investments in the EU, National Security, and Investor-State Arbitration
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…
Read More ...Janus-Faced Competition Policy: For or Against FDI?
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,…
Read More ...FDI Screening Regulation 2.0: Towards Greater Regulatory Convergence?
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…
Read More ...CELIS Webinar on the new EU Economic Security Package
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…
Read More ...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…
Read More ...Foreign direct investment screening in the EU: time to address weaknesses
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…
Read More ...Outbound Investment Screening
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…
Read More ...Looking Into the Crystal Ball: What Does 2024 Have in Store for Investment Screening?
By Sophie Bohnert, Vienna University of Economics and Business/College of Europe A 2024 Kick-Off Message from the Editors The CELIS Blog is back after its winter break! The Editorial Team wishes all readers, supporters, and partners a Happy New Year! The Editors would like to thank the CELIS Institute and its Board of Directors for…
Read More ...Slovakia – Act No. 497/2022, Foreign Investment Screening Act
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