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CELIS Update on Investment Screening – November 2024
Global – Publication of 31st UNCTAD-OECD Report on G20 Investment Measures On 13 November 2024, the United Nations Trade and Development (UNCTAD) and the Organisation for Economic Co-operation and Development (OECD) released the 31st Report on G20 Investment Measures (“Report”). The Report documents measures taken by the G20 governments between 16 October 2023 and 15 October 2024. It is observed ...
Continue reading The Foreign Subsidies Regulation – One Year in Review: Challenges and Ways Ahead
By Cécile Carlier (Simmons & Simmons) and Pierfrancesco Mattiolo (University of Antwerp) An expert panel session convened in Brussels on 20th November 2024 to discuss the notification-based procedures of the FSR. Adopted in November 2022, the Foreign Subsidies Regulation (FSR) is the latest arrival in the EU competition toolbox. Having just celebrated its second anniversary and with a few ...
Continue reading First Day in Court for the EU’s Defence Industrial Policy
By Mats Cuvelier Introduction On 18 September 2024, the General Court rendered its judgment in Case T-617/22, concerning French aicraft engine maker Safran's request to annul a decision by which the European Commission rejected its bid to carry out a project under the European Defence Fund (EDF). It is the first time the Court has heard a case relating to ...
Continue reading Understanding the Importance of Investment Screening measures for Financial and Economic Security of India
By professor Bimal N. Patel, Vice-Chancellor, Rashtriya Raksha University / National Security University of India Introduction The interdependence of economic policies and progress and national security always remains intertwined; financial and economic strength of India underpins its military capabilities, diplomatic influence, and internal stability. The Indian economy is likely to continue growth-rate of 7% in next few years. The Indian ...
Continue reading Belgium’s FDI Screening Mechanism: 17 Months of Navigating the Blackbox
By Paul Hermant, Baptist Vleeshouwers and Claire De Neve. 1. Introduction Belgium's Foreign Direct Investment (FDI) screening regime, implemented on 1 July 2023, is designed to protect the national security and strategic interests of Belgium and its federated entities. Now, over 17 months into the regime, and with the release of the first Annual Report on FDI Screening, it is ...
Continue reading The Commission´s and ECJ´s Approach to Investment Arbitration
By Juliane Kokott, Advocate General at the Court of Justice of the European Union Juliane Kokott, Advocate General at the European Court of Justice, discusses two developments in the area of investment law. This blog series features two posts by AG Kokott on (I) intensified investment screening and (II) on the ECJ-induced termination of intra-EU investment treaties, including some extraterritorial ...
Continue reading The ECJ and Investment Control – Intensified Investment Screening
By Juliane Kokott, Advocate General at the Court of Justice of the European Union The European Court of Justice (ECJ) and the Commission very much influence the investment climate in Europe. They have been very successful in abolishing all kind of direct and indirect impediments to the free movement of people, goods, services and capital. However, the European Union has ...
Continue reading Update on Outbound Investment Screening: Current Developments in the EU and US
By Konstantin Ahlers, PhD Candidate at the Leibniz Universität Hannover 1. Introduction Since the European Commission added the regulation of Outbound Investments onto its 2023 Working Program in fall 2022 and President Biden signed the Executive order to restrict Outbound Investments by US- persons in summer 2023, a lot has happened in regard of Outbound Screening. While a potential Outbound ...
Continue reading How to Prevent the EU from Falling Behind?
By Bruno Dupré, Political Advisor for the Indian Ocean, European External Action Service Summary The future of Europe does not depend on what President Trump thinks or will do. Nobody knows and he is to a certain extent unpredictable. The future of Europe will depend on our capacity to take our destiny in our own hands and create the ...
Continue reading The Stony Road to de-fragmentation of EU Foreign Direct Investment Control
By Oliver Geiss This blog was first published on the Squire Patton Boggs Trade Practitioner Blog On 9 September, Mario Draghi published a report on 'The Future of European Competitiveness' highlighting the need for the EU to strengthen its Investment Screening Mechanism. The report was part of a broader effort to assess and strengthen the EU's economic and ...
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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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