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National Security in International and Domestic Investment Law: Dynamics in China and Europe

National Security in International and Domestic Investment Law: Dynamics in China and Europe

Author: Yuwen Li; Feng Lin; Cheng Bian
Publisher: Routledge
ISBN: 9781032506395
Published In: October 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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 work first attests the legitimacy of FDI screening by using national security constitutional theory. 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.

Abbreviations

Preface

1. A General Constitutional Theory for National Security Review of Foreign Direct Investment

Feng Lin

Part I: National Security in International Investment Law

2. The Essential Security Interest Exception Clause in International Investment Agreements and Arbitration: From an Exception to a Norm?

Cheng Bian

3. Public Health, Exception Clauses and Investment Protection in the COVID-19 Era

Wei Shen

4. Europeanisation of Foreign Direct Investment Screening: A Spotlight on the EU Regulation

Yuwen Li

Part II: National Security in National Investment Law

5. The National Security Review in China’s New Foreign Investment Legal Regime

Maja Ruhl

6. Foreign Investment Screening Mechanism in France

Christine Miles

7. Foreign Direct Investment Screening in Germany

Julia Hörnig, Stefan Kirwitzke and Falk Schöning

8. National Security in National and International Investment Law: The case of Italy

Claudio Dordi and G. Matteo Vaccaro-Incisa

9. An Inside Look at the Netherlands’ New General Investment Screening Mechanism

Pim Jansen and Leonie van der Laag

10. Protection of Entities of Strategic Importance for the State: Fragmentation and Interplay between Regimes in Poland

Alicja Zielińska-Eisen and Piotr Wilinski

11. The National Security and Investment Act 2021: Assessing the UK’s New Approach to Investment Screening

Alessandro Spano

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