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Global Telecom Holding S.A.E. v Canada – Investment arbitration as a potential remedy against negative FDI screening decisions?
By Kilian Wagner, University of Vienna FDI screening and international investment law Bilateral investment treaties (BITs) and specific chapters in free trade agreements include substantive standards of investment protection. These comprise rules on expropriations, national and most-favoured-nation treatment, and the fair and equitable treatment (FET) of investments. Most BITs contain provisions on investor-state dispute settlement (ISDS) and allow investors to ...
Continue reading Evaluation Report on Amendments to the German Investment Screening Mechanism
By Jonas Fechter, University of Münster / CELIS Deputy Assistant Director I. Legislative changes and reporting duties Over the past couple of years, investment screening has become a central legislative instrument for promoting security and public order in many Western countries. When Germany first introduced its two-tier screening system in 2004 (military sector) and 2009 (non-military sector), this went ...
Continue reading The ECJ’s Judgment in Xella – Judicial Cherry Picking?
By Alexia Crivoi, Vienna University of Economics and Business Introduction In the much-discussed Xella judgment of July 13 2023, the Court of Justice decided two things: that the scope of the EU FDI Screening Regulation does not extend to ‘indirect FDI’, rejecting arguments relating to the company structure of an EU-based but foreign-owned investor (yet ultimately owned by an ...
Continue reading The Special Economic Zones in the Gulf Region and their Significance for the Global Economy
By Gianmatteo Sabatino, Zhongnan University of Economics and Law Among the economic institutions most involved in the ongoing mutation of global supply chains and development models are the Special Economic Zones (SEZs). Among the areas most critical for the shaping of economic and political geographies in the near future is the Gulf Region. Therefore, it should not come as ...
Continue reading CELIS Update on Investment Screening – September 2023
Estonia – FDI regime coming into force on 1 September 2023 Several FDI regimes came into force at the beginning of the month of September 2023. The Estonian Act establishing a new FDI regime in Estonia came into force on 1 September 2023. The Estonian Parliament adopted the Foreign Investment Reliability Assessment Act on 25 January 2023, through which Estonia ...
Continue reading CELIS Update on Investment Screening – August 2023
Luxembourg – FDI Regime coming into force on 1 September 2023 The Luxembourg law of 14 July 2023 introduces a new foreign direct investment regime with a suspensory mandatory notification requirement in relation to investments in a broad range of sectors. Luxembourg is the latest European jurisdiction to pass broad FDI legislation and its FDI regime is coming into force ...
Continue reading National Interest and Freedom of Establishment: The CJEU’s Judgment in Xella
By Bálint Kovács In its judgment[1] published on 13 July 2023, the Court of Justice of the European Union (CJEU) ruled that Hungary’s decision to prohibit an investment by a foreign-owned Hungarian company aiming to acquire a Hungarian company violated the freedom of establishment. The prohibition involved the use of the novel foreign direct investment (FDI) screening mechanism and had ...
Continue reading CELIS Update on Investment Screening – July 2023
Spain – Spanish FDI Regulation enacted on 4 July 2023 Over the past three years, Spain has significantly strengthened its FDI regime. On 4 July 2023, the Spanish Council of Ministers approved the Royal Decree 571/2023 of 4 July on foreign investments and therewith amended and developed a number of rules that had been introduced by the Spanish FI authorities ...
Continue reading CELIS Update on Investment Screening – June 2023
Belgium – FDI screening regime enters into force 1 July 2023 As almost all EU Member States have introduced a foreign direct investment screening mechanism into their law, it is now Belgium’s turn: on July 1 2023, Belgium’s new FDI screening regulations, drafted in June 2022, will take effect. As there is a significant increase in foreign investments by fast-growing ...
Continue reading CELIS Update on Investment Screening – May 2023
Netherlands: Investment screening act comes into force on 1 June 2023 On 1 June 2023 the Dutch general investment screening control rules will come into force. The Netherlands adopted the act already in 2022 and has therewith implemented the EU’s FDI Regulation 2019/452. Future investments in critical infrastructure or sensitive technology will have to be notified to the Dutch Minister ...
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The CELIS Blog always welcomes posts from economic security professionals that address current issues in international investment screening and economic security law and practice. Would you like to contribute to the Blog? Please contact our editors: blog@celis.institute
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