Foreign Investment Strategic Assets And National Security

Author : Carlos Esplugues Mota
Publisher : Unknown
Page : 533 pages
File Size : 49,8 Mb
Release : 2018
Category : Investments, Foreign
ISBN : 1780687109

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Foreign Investment, Strategic Assets and National Security by Carlos Esplugues Mota Pdf

At the time of a paradigm change 'Foreign Investment, Strategic Assets and National Security' is an analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People's Republic of China, Australia, Canada, and Germany, France and the United Kingdom as representatives of the European Union. Foreign investment has grown steadily for decades and the de-regulation of international trade and investment was a widely accepted trend, particularly in developed countries. Increasingly, however, this development is encountered by opposition. Globalisation and socio-economic effects of mergers and acquisitions of domestic firms by foreign investors receive less support from the general public. Concerns about national security, protection of new technologies and competitiveness are raised. This leads national and regional legislators to develop new mechanisms to control foreign investments, particularly in light of national security. The widely adopted and traditional ex post approach linked to investment treaties is now enhanced by an increased focus on the phase prior to the actual implementation of the investment. This legal development and the new screening systems are captured in this book and it is explained how the present paradigm change is affecting the legal rules in practice.

Author : Carlos Esplugues Mota
Publisher : Unknown
Page : 0 pages
File Size : 45,6 Mb
Release : 2018
Category : Investments, Foreign
ISBN : 1780686234

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Foreign Investment, Strategic Assets and National Security by Carlos Esplugues Mota Pdf

At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People's Republic of China, Australia, Canada, and Germany, France and the United Kingdom as representatives of the European Union.Foreign investment has grown steadily for decades, and the de-regulation of international trade and investment was a widely accepted trend, particularly in developed countries. Increasingly, however, this development is encountered by opposition. Globalisation and socio-economic effects of mergers and acquisitions of domestic firms by foreign investors receive less support from the general public. Concerns about national security, protection of new technologies and competitiveness are raised. This leads national and regional legislators to develop new mechanisms to control foreign investments, particularly in light of national security. The widely adopted and traditional ex post approach linked to investment treaties is now enhanced by an increased focus on the phase prior to the actual implementation of the investment.This legal development and the new screening systems are captured in this book and it is explained how the present paradigm change is affecting the legal rules in practice. It is a must read for everyone working in the field.

Author : Alan P. Larson,David M. Marchik
Publisher : Council on Foreign Relations Press
Page : 52 pages
File Size : 40,7 Mb
Release : 2006
Category : Corporations, Foreign
ISBN : UCSD:31822034279570

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Foreign Investment and National Security by Alan P. Larson,David M. Marchik Pdf

This report makes recommendations for reforming the Committee on Foreign Investment in the United States (CFIUS) and examines how the administration and Congress can reassure foreign investors of U.S. openness and address growing anxieties in other countries.

Author : James K. Jackson
Publisher : DIANE Publishing
Page : 26 pages
File Size : 52,8 Mb
Release : 2010
Category : Electronic
ISBN : 9781437931501

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Foreign Investment and National Security: Economic Considerations by James K. Jackson Pdf

This report assesses recent international developments as the leaders from a number of nations work to reach a consensus on an informal set of best practices regarding national restrictions on foreign investment for national security purposes. This report also provides one possible approach for assessing the costs and benefits involved in using national policies to direct or to restrict foreign direct investment for national security reasons.

Author : Yuwen Li,Feng Lin,Cheng Bian
Publisher : Taylor & Francis
Page : 230 pages
File Size : 46,9 Mb
Release : 2023-10-20
Category : Law
ISBN : 9781000971071

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National Security in International and Domestic Investment Law by Yuwen Li,Feng Lin,Cheng Bian Pdf

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 : Edward Montgomery Graham,David Matthew Marchick
Publisher : Peterson Institute
Page : 236 pages
File Size : 41,9 Mb
Release : 2006
Category : Business & Economics
ISBN : UVA:X030105856

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US National Security and Foreign Direct Investment by Edward Montgomery Graham,David Matthew Marchick Pdf

Examines foreign direct investment (FDI) in the United States, the national security concerns associated with this investment, and treatment of these concerns under US policy. This book asks whether the Committee on Foreign Investments in the United States (CFIUS) process can be improved and answers in the affirmative.Does foreign ownership of American businesses pose a threat to the United States (like the abortive attempt by CNOOC, a Chinese company, to purchase Unocal during the summer of 2005)? This important new book examines foreign direct investment (FDI) in the United States, the national security concerns associated with this investment, and treatment of these concerns under US policy. It asks whether the Committee on Foreign Investments in the United States (CFIUS) process can be improved and answers in the affirmative. The book starts by looking at the review process for foreign takeovers of US firms (including a historical review), looks at the economic and political impact on the United States of foreign direct investment, takes a detailed look at issues relating to FDI posed by the rise of China as an economic and geopolitical power and finally suggests some changes to the Exon-Florio process.

Author : Cheng Bian
Publisher : Routledge
Page : 239 pages
File Size : 46,6 Mb
Release : 2020-03-19
Category : Business & Economics
ISBN : 9781000046311

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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.

Author : Calvin S. Goldman,Michael Koch,Alex Potter
Publisher : Unknown
Page : 258 pages
File Size : 52,9 Mb
Release : 2021
Category : Electronic
ISBN : 1838627790

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The Foreign Investment Regulation Review by Calvin S. Goldman,Michael Koch,Alex Potter Pdf

Author : James K. Jackson
Publisher : Unknown
Page : 30 pages
File Size : 41,6 Mb
Release : 2008
Category : Investments, Foreign
ISBN : OCLC:1097482228

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Foreign Investment and National Security by James K. Jackson Pdf

The United States is the largest foreign direct investor in the world and also the largest recipient of foreign direct investment. This dual role means that globalization, or the spread of economic activity by firms across national borders, has become a prominent feature of the U.S. economy and that through direct investment the U.S. economy has become highly enmeshed with the broader global economy. This also means that the United States has important economic, political, and social interests at stake in the development of international policies regarding direct investment. With some exceptions for national security, the United States has established domestic policies that treat foreign investors no less favorably than U.S. firms. This report assesses recent international developments as the leaders from a number of nations work to reach a consensus on an informal set of best practices regarding national restrictions on foreign investment for national security purposes. This report also provides one possible approach for assessing the costs and benefits involved in using national policies to direct or to restrict foreign direct investment for national security reasons. Within the United States, there is no consensus yet among Members of Congress or between the Congress and the Administration over a working set of parameters that establishes a functional definition of the national economic security implications of foreign direct investment. In part, this issue reflects differing assessments of the economic impact of foreign investment on the U.S. economy and differing political and philosophical convictions among Members and between the Congress and the Administration.

Author : James K. Jackson,Library of Congress. Congressional Research Service
Publisher : Unknown
Page : 24 pages
File Size : 45,9 Mb
Release : 2013
Category : Investments, Foreign
ISBN : OCLC:839444366

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Foreign Investment and National Security by James K. Jackson,Library of Congress. Congressional Research Service Pdf

The United States is the largest foreign direct investor in the world and also the largest recipient of foreign direct investment. This dual role means that globalization, or the spread of economic activity by firms across national borders, has become a prominent feature of the U.S. economy and that through direct investment the U.S. economy has become highly enmeshed with the broader global economy. This also means that the United States has important economic, political, and social interests at stake in the development of international policies regarding direct investment. With some exceptions for national security, the United States has established domestic policies that treat foreign investors no less favorably than U.S. firms. This report assesses recent international developments as the leaders from a number of nations work to reach a consensus on an informal set of best practices regarding national restrictions on foreign investment for national security purposes. This report also provides one possible approach for assessing the costs and benefits involved in using national policies to direct or to restrict foreign direct investment for national security reasons.

Author : Jeremi Suri,Benjamin A. Valentino
Publisher : Oxford University Press
Page : 433 pages
File Size : 49,5 Mb
Release : 2016
Category : Political Science
ISBN : 9780190611484

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Sustainable Security by Jeremi Suri,Benjamin A. Valentino Pdf

Sustaining security : rethinking American national security strategy / Jeremi Suri and Benjamin Valentino -- Dollar diminution and new macroeconomic constraints on American power / Jonathan Kirshner -- Does American military power attract foreign investment? / Daniel Drezner and Nancy Hite-Rubin -- Preserving national strength in a period of fiscal restraint / Cindy Williams -- State finance and national power : Great Britain, China, and the United States in historical perspective / Jeremi Suri -- Reforming American power : civilian national security institutions in the early cold war and beyond / William Inboden -- To starve an army : how great power armies respond to austerity / John W. Hall -- Climate change and US national security : sustaining security amidst unsustainability / Joshua William Busby -- At home abroad : public attitudes towards America's overseas commitments / Benjamin Valentino -- The right choice for NATO / William Wohlforth -- The United States and the Middle East : interests, risks, and costs / Daniel Byman and Sara Bjerg Moller -- Keep, toss, or fix? : assessing US alliances in East Asia / Jennifer Lind -- Terminating the interminable? / Sumit Ganguly -- Neutralization as a sustainable approach to Afghanistan / Audrey Kurth Cronin -- Conclusion / Jeremi Suri and Benjamin Valentino

Author : United States Accounting Office (GAO)
Publisher : Createspace Independent Publishing Platform
Page : 26 pages
File Size : 41,7 Mb
Release : 2018-05-28
Category : Electronic
ISBN : 1720411883

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National Security Reviews of Foreign Investment by United States Accounting Office (GAO) Pdf

National Security Reviews of Foreign Investment

Author : Congressional Research Congressional Research Service,James K. Jackson
Publisher : Createspace Independent Publishing Platform
Page : 38 pages
File Size : 43,5 Mb
Release : 2016-08-12
Category : Electronic
ISBN : 1539454819

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The Committee on Foreign Investment in the United States Cfius by Congressional Research Congressional Research Service,James K. Jackson Pdf

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 : National Defense University (U S ),National Defense University (U.S.),Institute for National Strategic Studies,Sheila R. Ronis
Publisher : Government Printing Office
Page : 132 pages
File Size : 52,6 Mb
Release : 2011-12-27
Category : Business & Economics
ISBN : 8210379456XXX

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Economic Security: Neglected Dimension of National Security ? by National Defense University (U S ),National Defense University (U.S.),Institute for National Strategic Studies,Sheila R. Ronis Pdf

On August 24-25, 2010, the National Defense University held a conference titled “Economic Security: Neglected Dimension of National Security?” to explore the economic element of national power. This special collection of selected papers from the conference represents the view of several keynote speakers and participants in six panel discussions. It explores the complexity surrounding this subject and examines the major elements that, interacting as a system, define the economic component of national security.

Author : Theodore H. Moran
Publisher : Council on Foreign Relations
Page : 106 pages
File Size : 52,6 Mb
Release : 1993
Category : Business & Economics
ISBN : 0876091370

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American Economic Policy and National Security by Theodore H. Moran Pdf

Moran examines three economic threats that could endanger America's national security: America's fundamental and cumulative decline relative to the other major industrial states; a loss of crucial economic and technological capabilities within our own country; and the growing dependence on other countries for vital goods, services, and technologies.