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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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Between Openness and Security: CFIS 23 – Roundtable ‘Looking for a design of Europe’s Screening Mechanism(s)’
By Leonard von Rummel, BLOMSTEIN and 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. Following an ...
Continue reading The UK’s National Security and Investment Regime: Key insights from the Annual Report 2022-23
By Nissim Massarano, Clifford Chance[1] On 11 July 2023, the UK's Investment Security Unit ("ISU") released its annual report on the operation of the UK National Security and Investment ("NSIA") regime for the period covering 1 April 2022 – 31 March 2023 (here). The Annual Report provides aggregated data on the operation of the regime, including insights into the ...
Continue reading CELIS Update on Investment Screening – October 2023
Germany – Upcoming Investment Screening Act and the 20th Amendment to the AWV There is a new Investment Screening Act upcoming in Germany – the new law is expected to separate the foreign direct investment screening rules from the German Foreign Trade Laws (contained in AWG and AWV), restructuring them into an isolated law. A preliminary draft is predicted to ...
Continue reading Trade and Investment between the EU and India: A promising horizon with a closer look at negotiation roadblocks.
By Thijs De Cuyper, University of Leuven and Gautam Mohanty, Kozminski University and Jindal Global Law School Introduction – The sixth round of the European Union (EU)-India investment protection agreement (IPA) was set to resume on 10-13 October 2023 in Brussels. However, plans have changed due to India prioritizing its Free Trade Agreement (FTA) with the United Kingdom, which is ...
Continue reading ‘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 ...
Continue reading 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 ...
Continue reading 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 ...
Continue reading 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 ...
Continue reading 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 ...
Continue reading 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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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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