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Author: Publisher: ISBN: 9789276433873 Category : Languages : en Pages : 0
Book Description
The first Annual Report on EU FDI Screening makes clear that: y one year on the Regulation and the EU-wide cooperation mechanism have already proven their clear value; y the EU screening cooperation mechanism ensures EU-wide oversight of foreign direct investment ("FDI") into the Union, and allows the European Commission and Member States a say in that respect; and y the EU remains open to FDI, with prohibitions or conditions being the clear exception.
Author: Publisher: ISBN: 9789276433873 Category : Languages : en Pages : 0
Book Description
The first Annual Report on EU FDI Screening makes clear that: y one year on the Regulation and the EU-wide cooperation mechanism have already proven their clear value; y the EU screening cooperation mechanism ensures EU-wide oversight of foreign direct investment ("FDI") into the Union, and allows the European Commission and Member States a say in that respect; and y the EU remains open to FDI, with prohibitions or conditions being the clear exception.
Author: Publisher: ISBN: 9789276433453 Category : Languages : en Pages :
Book Description
This Report is the first Annual Report by the European Commission regarding the application of the EU Foreign Direct Investment (FDI) Screening Regulation (the "FDI Screening Regulation", or the "Regulation"). Prior to the entry into force of the FDI Screening Regulation on 11 October 2020, there was no EU-wide formalised cooperation among Member States and the European Commission on these matters. The European Commission had no role in the screening of FDI into the EU. This Report provides transparency around the operation of FDI screening in the EU, and developments in national screening mechanisms. It contributes to the accountability of the Union in an area where, given the security interests at stake, transparency regarding individual transactions is neither possible nor appropriate. This first Annual Report, based on the reports by the 27 Member States and other sources, confirms the clear value-added of the Regulation and the cooperation mechanism.
Author: Jens Velten Publisher: Springer Nature ISBN: 3031056035 Category : Law Languages : en Pages : 371
Book Description
Foreign Direct Investment (FDI) from third countries—a desirable form of investment to boost the EU’s economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law. In particular, the book identifies the four main concerns in the EU regarding FDI from third countries: distortive competition effects; the lack of reciprocity on FDI treatment between the EU and the investor’s home country; objectives of the investor or their home country that may be detrimental to EU interests; and safety of private information. On this basis, the book analyzes the Screening Regulation (Regulation (EU) 2019/452) and its newly introduced screening ground “security or public order” and asks whether this and other similar screening grounds based on the notions of security, public order and public policy can address these concerns with regard to foreign investors. Based on an analysis of WTO law and EU primary law, it argues that they cannot. Thus, the question arises: Do the EU and Member States have the flexibility to adopt broader FDI screening mechanisms? To answer this question, the book examines the freedoms of capital movement and establishment in EU primary law, as well as various sources of international economic law such as, first and foremost, the WTO’s General Agreement on Trade in Services, but also other bi- and plurilateral trade and investment treaties, including the EU-China Comprehensive Agreement on Investment. In closing, the book identifies various legislative options for broader FDI screening mechanisms—and their shortcomings.
Author: Jens Hillebrand Pohl Publisher: Springer Nature ISBN: 3031414756 Category : Law Languages : en Pages : 262
Book Description
This highly topical volume presents pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. Long considered as exceptional measures, restrictions on inward foreign direct investments (FDI) have become ever more common and accepted. This book presents different perspectives on how decision-makers go about the tasks of assessing risks and threats to national security that may be posed by FDI and then balancing those risks and threats against economic interests of parties concerned and society at large.
Author: Yuwen Li Publisher: Taylor & Francis ISBN: 1000971074 Category : Law Languages : en Pages : 230
Book Description
This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy. The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.
Author: Congressional Research Congressional Research Service Publisher: Createspace Independent Publishing Platform ISBN: 9781539454816 Category : Languages : en Pages : 38
Book Description
The Committee on Foreign Investment in the United States (CFIUS) is comprised of nine members, two ex officio members, and other members as appointed by the President representing major departments and agencies within the federal executive branch. While the group generally has operated in relative obscurity, the proposed acquisition of commercial operations at six U.S. ports by Dubai Ports World in 2006 placed the group's operations under intense scrutiny by Members of Congress and the public. Prompted by this case, some Members of the 109th and 110th Congresses questioned the ability of Congress to exercise its oversight responsibilities given the general view that CFIUS's operations lack transparency. Other Members revisited concerns about the linkage between national security and the role of foreign investment in the U.S. economy. Some Members of Congress and others argued that the nation's security and economic concerns have changed since the September 11, 2001, terrorist attacks and that these concerns were not being reflected sufficiently in the Committee's deliberations. In addition, anecdotal evidence seemed to indicate that the CFIUS process was not market neutral. Instead, a CFIUS investigation of an investment transaction may have been perceived by some firms and by some in the financial markets as a negative factor that added to uncertainty and may have spurred firms to engage in behavior that may not have been optimal for the economy as a whole. On July 12, 2016, Senator Charles Grassley introduced S. 3161 to include the Secretary of Agriculture as a permanent member of the CFIUS and to include the national security impact of foreign investments on agricultural assets as part of the criteria the Committee uses in deciding to recommend that the President block a foreign acquisition.
Author: Kenneth A Armstrong Publisher: Bloomsbury Publishing ISBN: 1509940960 Category : Law Languages : en Pages : 343
Book Description
The breadth and depth of the scholarship of Marise Cremona is honoured in this collection of essays written by her colleagues and friends. Taking Cremona's field-defining research as a point of reference, this collection of research articles examines the power of law in EU external relations. Echoing the expansive scope of Cremona's intellectual enquiries across the growing and diversifying field of external relations law, this volume offers new insights into the principles and procedures that underlie this area of law; the role and responsibilities of the EU as an international actor; and the strategies and instruments through which the Union pursues its external agenda. Spanning the analysis of foundational concepts and more contemporary interventions in respect of the environment, human rights, foreign direct investment and even Brexit, what emerges from this collection is a richly conceptualised and clear examination of the multiple ways in which the power of law captures or eludes the EU's construction of a domain of external relations; a domain in which the EU interacts not only with its Member States but also other subjects of the international legal order.
Author: Bhuiyan, Miraj Ahmed Publisher: IGI Global ISBN: 1799880230 Category : Business & Economics Languages : en Pages : 323
Book Description
The Belt and Road Initiative (BRI) is establishing significant connectivity networks, including a complex network of aviation e-services and trade network systems. It has promoted economic and financial development in regions covered by the BRI in terms of infrastructure construction and interconnection and attracted large foreign direct investment flows. At the bottom of the escalation of the China-US trade dispute is a more fundamental shift where China has become the US’s strategic competitor, and political-economic tensions have continued to climb. Opportunities and Challenges for Multinational Enterprises and Foreign Direct Investment in the Belt and Road Initiative analyzes the opportunities and challenges of multinational enterprises (MNEs) and cross-border foreign investments transactions. This valuable reference adopts an economic and international business perspective to address these issues and presents novel and state-of-the-art research insights into the role of MNEs and their influence on the Silk Road Economic Belt. Covering topics such as economic determinants, foreign direct investment promotion policies, and trade gravity model, this premier reference source is an excellent resource for business leaders and CEOs, policymakers, geopolitical experts, politicians, government officials, sociologists, libraries, students and educators of higher education, researchers, and academicians.
Author: Catharine Titi Publisher: Springer Nature ISBN: 3030589161 Category : Conflict management Languages : en Pages : 205
Book Description
This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.
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Author: Jens Velten
Author: Jens Hillebrand Pohl
Author: Yuwen Li
Author: Congressional Research Congressional Research Service
Author: Calvin S. Goldman
Author: Kenneth A Armstrong
Author: Bhuiyan, Miraj Ahmed
Author: Catharine Titi