CELIS Blog

The CELIS Blog: Fueling the Conversation on Economic Security. The CELIS Blog is a unique forum for current debates on international investment control and economic security law and practice more broadly. It brings the latest developments and analysis to you. From economic security (law) experts – to economic security (law) experts.

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‘A Chain Works Just as Well as its Weakest Link’ – CFIS Keynote and Roundtable on the Review of the EU FDI Screening Regulation

By Ass.-Prof. Dr. Lena Hornkohl, University of Vienna / CELIS Deputy Director   The annual conference of the CELIS Institute dealt with the pivotal question of Investment Screening and Economic Security and its current challenges. CFIS 2023 was held in Prague from 11 – 13 October 2023 and consisted of a private and a public part. Damien Levie, Head of the ...
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The Anti-Coercion Instrument has been adopted

By Ass.-Prof. Dr. Thomas Verellen, University of Utrecht [1]   On October 23rd, 2023, the Council adopted the Anti-Coercion Instrument. The adoption by the Council comes a couple of weeks after the European Parliament gave its consent to the instrument on October 3rd. The Council’s press release states that the regulation will be signed on November 22nd. Assuming the regulation will ...
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Economic Security in the EU: Key Takeaways from CFIS 2023

By Dr. Roland Stein, LL.M. Eur., BLOMSTEIN / CELIS Deputy Director   The CELIS Forum on Investment Screening (CFIS) 2023 conference in Prague provided valuable insights into the multifaceted realm of economic security in the European Union (EU). The discussions centered on critical issues such as the screening of foreign inward direct investments, outward investment controls, sanctions, and export controls. In ...
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Quelling the Flames or Fighting Fire with Fire? The EU’s Two Approaches to Foreign Subsidies

By Pierfrancesco Mattiolo, University of Antwerp   At the base of the EU State aid regime is the principle that Member States cannot grant subsidies to their companies unless authorized by the European Commission. Subsidies are frowned upon by the EU Treaties since they may distort the internal market and create disparities between the Member States with more financial resources and ...
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It’s that time of year again: The European Commission’s Third Annual Report on FDI Screening is out!

By Sophie Bohnert, Vienna University of Economics and Business/College of Europe   Introduction On 19 October 2023, the European Commission (“EC”) published its Annual Report on the screening of foreign direct investments into the Union (“Report”), covering the year 2022. This Report is accompanied by the usual Staff Working Document. This is the third report on the application of the ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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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