National Security In International And Domestic Investment Law

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National Security in International and Domestic Investment Law

Yuwen Li,Feng Lin,Cheng Bian
National Security in International and Domestic Investment Law Book PDF

Author : Yuwen Li,Feng Lin,Cheng Bian
Publisher : Taylor & Francis
Page : 230 pages
File Size : 47,8 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.

Foreign Investment and National Security

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

Author : James K. Jackson,Library of Congress. Congressional Research Service
Publisher : Unknown
Page : 24 pages
File Size : 40,9 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.

National Security Review of Foreign Investment

Cheng Bian
National Security Review of Foreign Investment Book PDF

Author : Cheng Bian
Publisher : Routledge
Page : 239 pages
File Size : 49,6 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.

Foreign Investment and National Security: Economic Considerations

James K. Jackson
Foreign Investment and National Security Economic Considerations Book PDF

Author : James K. Jackson
Publisher : DIANE Publishing
Page : 26 pages
File Size : 53,8 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.

Foreign Investment and National Security

James K. Jackson
Foreign Investment and National Security Book PDF

Author : James K. Jackson
Publisher : Unknown
Page : 30 pages
File Size : 45,6 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.

Foreign Investment, Strategic Assets and National Security

Carlos Esplugues Mota
Foreign Investment Strategic Assets and National Security Book PDF

Author : Carlos Esplugues Mota
Publisher : Unknown
Page : 0 pages
File Size : 40,9 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.

The Protection of National Security in IIAs

Anonim
The Protection of National Security in IIAs Book PDF

Author : Anonim
Publisher : Unctad Series on International
Page : 0 pages
File Size : 43,9 Mb
Release : 2009
Category : Business & Economics
ISBN : 9211127726

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The Protection of National Security in IIAs by Anonim Pdf

After almost two decades of nearly unequivocal support for investment liberalisation, many countries have started to re-evaluate these policies, and some have introduced adjustments, thereby exercising their right to regulate foreign investment to pursue domestic policy objectives. Security concerns have been invoked in relation to planned investments in so-called strategic industries and critical infrastructure. Thus, the issue has implications that go far beyond the defense-related activities for which the national security exception was initially designed. The paper explores the role of international investment agreements (IIAs) in connection with investment restrictions based on national security considerations, and what approaches there treaties have taken with regard to national security exceptions.

Foreign Investment and National Security

Alan P. Larson,David M. Marchik
Foreign Investment and National Security Book PDF

Author : Alan P. Larson,David M. Marchik
Publisher : Council on Foreign Relations Press
Page : 52 pages
File Size : 54,6 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.

Public Actors in International Investment Law

Catharine Titi
Public Actors in International Investment Law Book PDF

Author : Catharine Titi
Publisher : Springer Nature
Page : 205 pages
File Size : 40,5 Mb
Release : 2021
Category : Conflict management
ISBN : 9783030589165

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Public Actors in International Investment Law by Catharine Titi Pdf

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.

National Security Exceptions in International Trade and Investment Agreements

Sebastián Mantilla Blanco,Alexander Pehl
National Security Exceptions in International Trade and Investment Agreements Book PDF

Author : Sebastián Mantilla Blanco,Alexander Pehl
Publisher : Springer
Page : 73 pages
File Size : 47,7 Mb
Release : 2020-01-17
Category : Law
ISBN : 3030381242

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National Security Exceptions in International Trade and Investment Agreements by Sebastián Mantilla Blanco,Alexander Pehl Pdf

This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. The book describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA. Further, it presents an overview of the rich array of adjudicatory practices addressing national security clauses, covering the decisions of WTO dispute settlement bodies, the ICJ, and numerous investment arbitral tribunals. To this end, the book addresses the debates surrounding the alleged self-judging character of security exceptions and the standards of review applicable where the exception is considered to be justiciable.

Foreign Investment, Strategic Assets and National Security

Carlos Esplugues Mota
Foreign Investment Strategic Assets and National Security Book PDF

Author : Carlos Esplugues Mota
Publisher : Unknown
Page : 533 pages
File Size : 47,9 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.

The International Law on Foreign Investment

M. Sornarajah
The International Law on Foreign Investment Book PDF

Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 641 pages
File Size : 43,9 Mb
Release : 2017-08-11
Category : Law
ISBN : 9781108293617

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The International Law on Foreign Investment by M. Sornarajah Pdf

Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the demonstrations against investor-state arbitration and the wide discussion during the 2016 US presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. Addressing the pressing need to examine foreign investment law in the context of public international law, the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah's classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

Domestic Law in International Investment Arbitration

Jarrod Hepburn
Domestic Law in International Investment Arbitration Book PDF

Author : Jarrod Hepburn
Publisher : Oxford University Press
Page : 305 pages
File Size : 44,5 Mb
Release : 2017-03-01
Category : Law
ISBN : 9780191088681

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Domestic Law in International Investment Arbitration by Jarrod Hepburn Pdf

Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.

The Oxford Handbook of International Investment Law

Peter Muchlinski,Federico Ortino,Christoph Schreuer
The Oxford Handbook of International Investment Law Book PDF

Author : Peter Muchlinski,Federico Ortino,Christoph Schreuer
Publisher : OUP Oxford
Page : 1352 pages
File Size : 52,8 Mb
Release : 2008-06-26
Category : Law
ISBN : 9780191552366

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The Oxford Handbook of International Investment Law by Peter Muchlinski,Federico Ortino,Christoph Schreuer Pdf

The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.

US National Security and Foreign Direct Investment

Edward Montgomery Graham,David Matthew Marchick
US National Security and Foreign Direct Investment Book PDF

Author : Edward Montgomery Graham,David Matthew Marchick
Publisher : Peterson Institute
Page : 236 pages
File Size : 50,8 Mb
Release : 2006
Category : Business & Economics
ISBN : STANFORD:36105114448488

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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.