National Security Review Of Foreign Investment

Author : Cheng Bian
Publisher : Routledge
Page : 239 pages
File Size : 50,5 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 : Alan P. Larson,David M. Marchik
Publisher : Council on Foreign Relations Press
Page : 52 pages
File Size : 51,5 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 : Carlos Esplugues Mota
Publisher : Unknown
Page : 0 pages
File Size : 52,8 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 : Edward Montgomery Graham,David Matthew Marchick
Publisher : Peterson Institute
Page : 236 pages
File Size : 41,9 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.

Author : Yuwen Li,Feng Lin,Cheng Bian
Publisher : Taylor & Francis
Page : 230 pages
File Size : 55,8 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.

Author : United States Accounting Office (GAO)
Publisher : Createspace Independent Publishing Platform
Page : 26 pages
File Size : 44,5 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 : James K. Jackson
Publisher : DIANE Publishing
Page : 26 pages
File Size : 54,5 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 : United States. General Accounting Office
Publisher : Unknown
Page : 32 pages
File Size : 50,8 Mb
Release : 1990
Category : Defense industries
ISBN : IND:30000090586375

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Foreign Investment by United States. General Accounting Office Pdf

Author : James K. Jackson,Library of Congress. Congressional Research Service
Publisher : Unknown
Page : 24 pages
File Size : 40,6 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 : Calvin S. Goldman,Michael Koch,Alex Potter
Publisher : Unknown
Page : 258 pages
File Size : 42,8 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 : Anonim
Publisher : Unknown
Page : 32 pages
File Size : 42,7 Mb
Release : 2006
Category : Electronic
ISBN : STANFORD:36105050425706

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REFORM OF NATIONAL SECURITY REVIEWS OF FOREIGN DIRECT INVESTMENTS ACT, JULY 17, 2006, 109-2 HOUSE REPORT NO. 109-523, PART 2 by Anonim Pdf

Author : Congressional Research Congressional Research Service,James K. Jackson
Publisher : Createspace Independent Publishing Platform
Page : 38 pages
File Size : 44,8 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 : James K. Jackson
Publisher : Unknown
Page : 30 pages
File Size : 42,7 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 : United States. Congress. House. Committee on Financial Services
Publisher : Unknown
Page : 32 pages
File Size : 47,8 Mb
Release : 2006
Category : Investments, Foreign
ISBN : PURD:32754077653982

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National Security Foreign Investment Reform and Strengthened Transparency Act of 2006 by United States. Congress. House. Committee on Financial Services Pdf

Author : Zdenek Drabek,Petros Mavroidis
Publisher : World Scientific
Page : 512 pages
File Size : 44,8 Mb
Release : 2013-01-11
Category : Business & Economics
ISBN : 9789814401630

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Regulation of Foreign Investment by Zdenek Drabek,Petros Mavroidis Pdf

The main aim of this book is to assess the importance of international rules for foreign direct investment and the major challenges to international harmonization of those rules. Particular attention is paid to the most controversial and contentious issues with the view of appraising the prospects for establishing global rules. The book is divided into three parts; the first part includes papers assessing the role of national and international legislation with further distinction being made between bilateral, regional and multilateral legal frameworks. The second part addresses regulatory issues of technology transfer, labor, environment, subsidies and investment incentives, national security, public services and sovereign wealth funds. The final part looks at the experience of some international fora in addressing these issues and at some theoretical and conceptual problems of rule harmonization. The papers have been written by legal and economic scholars from leading universities. Contents:Introduction (Zdenek Drabek and Petros C Mavroidis)Regulation of Investment in the Trade Régime: From ITO to WTO (Petros C Mavroidis)Domestic, Regional and Multilateral Investment Liberalization (Jorge A Huerta Goldman)Mode 3 of the GATS: A Model for Disciplining Measures Affecting Investment Flows? (Bart De Meester and Dominic Coppens)Labor Standards and Human Rights: Implications for International Trade and Investment (Drusilla K Brown, Alan V Deardorff and Robert M Stern)Interactions Between Subsidies Regulation and Foreign Investment, and the Primacy of the International Trade Regime (Tomer Broude)Environmental Protection (Daniel M Firger and Michael B Gerrard)Technology Transfer: Regulatory Issues and International Investment Agreements (Keith E Maskus)Sovereign Wealth Funds and Political Risk: New Challenges in the Regulation of Foreign Investment (Victoria Barbary and Bernardo Bortolotti)International Tribunals as Agents of Harmonization (Moshe Hirsch)Foreign Acquisitions and National Security: What are Genuine Threats? Whatare Implausible Worries? (Theodore H Moran)Public Services, Investment Liberalization and Protection (Federico Ortino)The EU Approach to Investment (Americo Beviglia Zampetti and Colin Brown)Harmonization of Rules on Foreign Investment (Zdenek Drabek) Readership: Policy makers, negotiators, business councils, NGOs, legal profession (international trade and investment law), economic profession (academics). Keywords:Harmonization;Regulation;Foreign Investment;International EconomicsKey Features:Treatment of “new generation” issues such as human rights or sovereign wealth fundsTreatment of highly controversial issues of harmonization including subsidies, public services and technology transfer or the actual choice whether to harmonize or notAnalysis provided by top international scholarsReviews: “The remarkable collection of papers assembled by Drabek and Mavoridis succeeds both in identifying and explaining in clear terms the most salient questions in the regulation of foreign investment today… The diversity of themes covered in this book make it essential reading for anyone interested in an accessible overview of the latest developments in the regulation of foreign investment.” J. World Trade Review