CELIS Blog
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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CELIS Update on Investment Screening – February 2024
Ireland – Draft Guidance and Notification Form on the Irish Screening of Third Country Transactions Act 2023 On 16 February 2024, the Department of Enterprise, Trade and Employment published the Draft Guidance on the Irish Screening of Third Country Transactions Act 2023, as well as a Draft Notification Form. The regime is expected to enter into force by 30 June ...
Continue reading CELIS Announcement: CFIS 24 Save-the-date & More Exciting News
Dear CELIS Community, We would like to share with you some exciting news and updates around the CELIS Institute. The date and venue for CFIS 24 have been confirmed (I.), and in preparation for the conference we are looking for master and PhD students to join the orga team as Conference Sherpas (II.). We are also proud to announce the ...
Continue reading The Quest for Policy Coherence between Competition Law and Foreign Investment Screening in the EU: Consistency or Disruption?
By Pietro Chiarelli, European Central Bank Disclaimer: This blog post was prepared by the author in his personal capacity. The opinions expressed in the blog post are the author's own and do not reflect the view of the ECB. Introduction Foreign investment and competition are no strangers to one another. While the former is a multiplying factor for the latter ...
Continue reading Digital Trade And Investment Screening: Friends Or Foes?
By Murilo Lubambo, University College London Entry of Foreign Investments and Digital Trade This blog post discusses how investment screening activities by states may have an impact on digital trade. In other words, to what extent does investment screening constitute a restriction that affects the integration of digital trade between countries on a global basis? For the purposes of this ...
Continue reading Austria – The Investment Control “Powerhouse”
By Dr. Regina Kröll and Dr. Johannes Barbist, Binder Grösswang Disclaimer: This post was first published on the Binder Grösswang Law Blog On 25 July 2020, the Austrian Investment Control Act (Investitionskontrollgesetz – ICA) entered into force and started a new era of foreign direct investment (FDI) screening in Austria. This report aims at providing some key data around the ...
Continue reading The notion of “security” in foreign trade law – Theory and Practice
By Dr. Carsten Bormann, Oppenhoff & Partner* 1. Introduction: All about security? The screening of foreign direct investment has gradually evolved from the traditional protection of vital national security interests through the prevention of outsourcing and the drain of specialized technological capabilities to the protection of geostrategic interests and the enforcement of industrial strategies. The European Commission's recently published European ...
Continue reading The EU Anti-Coercion Instrument: Anti-What, Exactly?
By Johannes Schäffer, Berlin School of Economics and Law* In February 2021, the Commission acknowledged the concerns of the Parliament and Member States regarding coercive practices by “certain third countries”. Having identified a regulatory gap, it committed to “examine a possible instrument, which could be adopted in order to dissuade or offset coercive actions by third countries and which would ...
Continue reading Chinese Investments in the EU, National Security, and Investor-State Arbitration
By Dr. Szilárd Gáspár-Szilágyi, Birmingham University School of Law Disclaimer: This blogpost is based on a recent publication by the author in the Journal of International Dispute Settlement (Oxford University Press), entitled ‘When the Dragon Comes Home to Roost. Chinese Investments in the EU, National Security, and Investor-State Arbitration.’ The data for the publication was gathered between September-December 2022. 1. ...
Continue reading Janus-Faced Competition Policy: For or Against FDI?
By Sergio Mariotti, Department of Management, Economics and Industrial Engineering, Politecnico di Milano, Milan, Italy Scenario The dark side of globalisation has become visible in recent years, unfolding a series of toxic effects: uneven development among countries and regions of the world; imbalances and instability in the global order; social inequalities among peoples; and economic, political and military crises that ...
Continue reading FDI Screening Regulation 2.0: Towards Greater Regulatory Convergence?
By Sophie Bohnert, Vienna University of Economics and Business/College of Europe Background The current Regulation on the Screening of Foreign Direct Investment into the Union (the “FDI Screening Regulation” or the “Regulation”) has sometimes been described as a first step towards a more comprehensive Europeanisation of investment control legislation and possibly even a supranationalisation of control and decision-making powers. The ...
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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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