Eu Framework For Foreign Direct Investment Control
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Author : Jacques H. J. Bourgeois Publisher : Kluwer Law International Page : 0 pages File Size : 50,6 Mb Release : 2020 Category : Investments, Foreign ISBN : 9403518839
EU Framework for Foreign Direct Investment Control by Jacques H. J. Bourgeois Pdf
Companies engaged in FDI or financial services will appreciate the detailed analysis of issues raised by this new EU policy instrument. This book is supposed to improve the practitioners? understanding of the EU regulatory layer now coming on top of FDI screening at the Member State level. Practitioners active in competition law, particularly mergers and acquisitions, will welcome this clear commentary and analysis of a crucial component of EU policy in the related areas of trade and investment, and policymakers will be encouraged to consider whether further regulatory changes are called for.
Weaponising Investments by Jens Hillebrand Pohl,Joanna Warchol,Thomas Papadopoulos,Janosch Wiesenthal Pdf
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.
The New EU Competence for Foreign Direct Investment. Legal Questions of its Implementation by Sebastien Meilinger Pdf
Seminar paper from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0 (A), Diplomatic Academy of Vienna - School of International Studies (International Law and EU Law), course: External Economic Relations and Foreign Policy of the European Union, language: English, abstract: The aim of this seminar paper will be to firstly give an overview of the role of investment treaties in general, followed by a retrospective on the legal situation of the foreign direct investments (FDI) prior the Treaty of Lisbon (TOL) and an analysis of the current legal framework. Based on primary and secondary sources, the scope of the Union’s exclusive FDI competence of Art. 206/207 TFEU will be inquired as well as questions of legal implementation centred on the issue of financial responsibility within ISDS. By addressing the legal status of the Bilateral Investment Treaties (BIT) concluded by MS the legal basis is set to analyse the Austrian Nigerian Agreement for the Promotion and Protection of Investment which was authorized by the Commission (COM)and concluded by the Republic of Austria in 2013. In this context it will be interesting to assess the potential for the template of this agreement to become a kind of EU-third country model BIT to be concluded by the Union and to which extent the content of the agreement would be covered by the Unions FDI competence. With the entering into force of the TOL the European Union was massively changed in order to take on the challenges that lie ahead in the future. Among many of those institutional changes, the powers of the Union in the field of investments have been enlarged, with FDI now being part of the Common Commercial Policy (CCP). The motivation for such a an empowerment is manifold, reaching from FDI attraction and facilitation both important for European economic growth, the establishment of a level playing field for investors, to the beneficial effect of an increased negotiation leverage. Four years have passed since the new FDI competence has been established and on the face of it not much has been achieved. Only one piece of regulation addressing questions of legal implementation has been adopted. Exclusive EU Free Trade Agreements (FTA) containing comprehensive investment provisions are still to be concluded. Nevertheless a lot of preparatory work has been conducted by the COM and the European Parliament (EP). Of course the academic debate regarding the scope of the competence is vivid as well as the other obstacles regarding the legal implementation, mainly in the field of Investor to State Dispute Settlement (ISDS).
Policy Competition and Foreign Direct Investment in Europe by Philip Raines,Ross Brown Pdf
First published in 1999, this volume recognised how widespread attention has been given to charting how the global rise in investment flows has caused numerous changes in the operation of economies – such as the globalisation of production and increasing international economic interdependency. Less research has been made on the role of government policy in promoting FDI. This book, based on a report for the OECD Development Centre, examines the rising competition between European governments to attract mobile investment projects and its impact on the use of different policy areas to influence FDI decisions.
European Union and the Race for Foreign Direct Investment in Europe by Pervez N. Ghauri,Lars Oxelheim Pdf
Countries create different type of incentives for foreign firms, such as; direct incentives/subsidies, tax relief, soft loans and preferred handling. This volume aims to analyze the impact of European Union on inward foreign direct investment in Europe and to discuss what type of effects are being created by this race for FDI.
Closing the EU East-West Productivity Gap by David A Dyker Pdf
A product of the Framework V research project, this book addresses one of the key problems facing the EU today: Why is the ‘new’ EU so much poorer than the ‘old’, and how will EU enlargement help to solve the problem? Focusing on the productivity problems underlying the East-West gap, it looks in particular at the role that foreign investment and R&D can play in closing it. Against that background, the book assesses what role proactive development policy might play in attacking the roots of low social productivity. Concluding that there will be a clear-cut process of convergence between East and West, albeit an incomplete one, it finishes with an assessment of the patterns of competitiveness, East and West, that are likely to emerge from this process of incomplete convergence. The material is based on a rich archive of empirical material which no competing title can match, and combines in-depth interviews with standard quantitative approaches and critical policy analysis. Contents:Introduction: Productivity and Social Capability — A Historical and Analytical Framework (D A Dyker & L Iacovone)Identifying the Channels and Mechanics of FDI-Induced Technology Transfer (D A Dyker et al.)Analyzing FDI in Central-East Europe on the Basis of Sample Surveys (B Majcen et al.)Analyzing FDI in Central-East Europe Through Case Studies (D A Dyker et al.)Checking the Results of the Case Study Interviews — An Essay in Triangulation (L Iacovone & N Kofoed)Domestic Innovation Capacity — Can CEE Governments Correct FDI-Driven Trends Through R&D Policy? (S Radošević)Can EU Policy Intervention Help Productivity Catch-Up? (P Holmes et al.)Summing-Up: Productivity Catch-Up and International Competitiveness (D A Dyker) Readership: Academics, civil servants and business managers. Keywords:Central-East Europe;Foreign Direct Investment;Competitiveness;EU;East-West Productivity GapKey Features:Addresses a key policy issue facing EU, national governments and private sector managers alikeBased on a rich archive of empirical material not available in any other published sourceCombines in-depth interviews with standard quantitative approaches and critical policy analysisWritten by a team of eminent senior academics (Dyker, Holmes, Radošević, Majcen) and brilliant young researchers
Screening Foreign Direct Investment in the EU by Jens Velten Pdf
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.
EU Anti-Dumping and Other Trade Defence Instruments by Van Bael & Bellis Pdf
European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors cover every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if 'Union interest’ calls for intervention; differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping measures; rules for the determination of permissible adjustments; rules governing the standing of various interested parties before the European Courts; rules and procedure applicable to non-market economy countries; special rules on products originating in a developing country; allocation and administration of quantitative quotas; surveillance measures; and whether and to what extent safeguard measures are subject to judicial review. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.
Foreign Direct Investment and Competition Policy after the Franco-German Manifesto. Embedding Political Dissent in Law by Cosimo Marcantuono Pdf
Master's Thesis from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: 16/20, Leuven Catholic University, language: English, abstract: This thesis examines the European paradigm shift (i.e., from unconditional openness to foreign direct investment to the statement “we are not naive free traders” pronounced by the former President of the European Commission Jean-Claude Juncker) toward the concerns raised by the Franco-German Manifesto and the subsequent interventions of European legislator. The research will focus on the new Foreign Direct Investments Screening Regulation and Cybersecurity Regulation. Furthermore, this thesis addresses a final proposal for a regulation to address state aid from non-European countries, as well as prospects for amending European competition law to meet Member States' desire to create "national and European champions". Globalization, the development of new technologies and the recent COVID-19 pandemic crisis prompted the reopening of old issues in the European Union concerning the demand for protection and the interplay between industrial policy and European competition law. To preserve the internal market, sovereignty and the future economic independence of Europe, unified and strategic European thinking is required. In this vein, Germany and France formulated an industrial policy proposal to induce the European Union to amend its rules on the subject, now perceived as 'outdated' when confronted with increasingly fierce industrial competition from the Asian powers and the United States. This understanding, labelled as the Franco-German Manifesto, illustrates Member States' concerns on the need for new European defence tools for technologies, companies and the European market, along with the reform of the current regulatory framework to enable European companies to compete globally. The analysis performed in this thesis thus investigates the rationale underpinning the new regulations and their approach to the critical issues highlighted by the Member States. The scrutiny of the mentioned regulations will concentrate on their effectiveness in countering risks related to (i) foreign acquisition of strategic assets, (ii) new technologies, and (iii) distortions of the internal market due to the lack of a global level playing field, will lead this thesis to argue in favour of further action by the legislator.
Protection of Foreign Investments in an Intra-EU Context by Moskvan, Dominik Pdf
The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
Foreign Direct Investment in Europe by Klaus Liebscher Pdf
This book provides authoritative academic and professional insights into the effects of foreign direct investment (FDI) on home and host countries. It highlights global trends and patterns, and explores related policy challenges all with a special focus on the countries in Central, Eastern and South-Eastern Europe. The book cuts through the existing data fog by offering a wide range of up-to-date academic findings and institutional expertise. Those findings are rounded off with lessons to be learned from historical developments (Ireland s success story), an evaluation of current trends (the role of China) and an investment promotion agency policy for attracting sustainable investment (CzechInvest). Contributions made by central bank officials, institutional representatives, members of academia and professionals provide for a uniquely complementary view on FDI developments and their implications. At a time of big changes in the FDI landscape, this book offers both empirical and econometric evidence on foreign direct investment and will be of great interest to economists and other experts in the fields of economic policy and European integration from central, commercial and investment banks, governments, international organizations, universities and research institutes. The special focus on FDI will attract those interested in, or directly involved in tackling the challenges of attracting sustainable investment or investing successfully abroad.
YSEC Yearbook of Socio-Economic Constitutions 2020 by Steffen Hindelang,Andreas Moberg Pdf
This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”. Thereby, it provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons. Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The “elephant in the room” is China and its “Belt and Road Initiative”. The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The book takes stock of the current rather fragmented regulatory approaches and combines contributions from leading international academics, practitioners, and policy makers in their respective fields. Due to the volume’s comprehensive approach, it is expected to influence the broader debate on the EU’s upcoming regulation of this matter. The book is addressed to participants from academia as well as to representatives from government, business, and civil society.
Regulation of State-Controlled Enterprises by Julien Chaisse,Jędrzej Górski,Dini Sejko Pdf
This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.
National Security Review of Foreign Investment by Cheng Bian Pdf
In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control pertains to the establishment of an ex-ante review regime of FDI in the host state in sectors that are considered as ‘sensitive’ or ‘strategic’, with an aim to mitigate the security-related implications. This book conducts a systematic and up-to-date comparative study of the national security review regimes of China, the US, and the EU, using Germany as an exampling Member State. It answers a central research question of how domestic law should be formulated to adequately protect national security of the host state whilst posing minimum negative impacts to the free flow of cross-border investment. In addition to analyzing the latest development of the national security review regimes in aforementioned jurisdictions and identifying their commonalities and disparities, this book establishes a normative framework regarding the design of a national security review regime in general and proposes specific legislative recommendations to further clarify the law. This book will be of interest to scholars in the field of international and comparative investment law, investors who seek better compliance programs in the host state, and policymakers who aim for high-quality regulation on foreign investment.
