CELIS-Blog
CELIS Update on Investment Screening – March 2024
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Read More ...Strengthening the Biting Effect of EU Restrictive Measures Via Criminal Law – Some Critical Remarks
By Lorenzo Bernardini, University of Luxembourg This blog post summarizes some insights that are detailed in a forthcoming contribution to issue 1/2024 of the European Criminal Law Review (EuCLR). The author would like to express his heartfelt gratitude to Dr. Iryna Bogdanova for her kind invitation to contribute to the CELIS Blog. 1.…
Read More ...Investment Screening in the UK under the 2021 National Security and Investment Act
By Agata Daszko, University of Göttingen In recent years the United Kingdom (UK) has joined many States in updating its legislation concerning scrutiny of national security issues when it comes to investments made in key or sensitive sectors. Indeed, the UK’s approach to investment screening underwent a significant transformation with the introduction of the…
Read More ...The Politization of Trade Defence Instruments
By Victor Crochet and Weihuan Zhou Trade defence instruments used to be described as dull and technical, of little interest except as a money maker for a handful of trade lawyers in Washington, Brussels and other administrative capitals. There are two main trade defence instruments aimed at protecting Members of the World Trade Organization (“WTO”)…
Read More ...The New Significant Investments Review Act of Singapore – Some Insights and Lessons for Europe
By Philipp Reinhold, Saarland University Singapore is known for a legal framework and public policies which are generally favourable towards foreign investors.[1] The country is one of the most open economies in the world. For 2023 as a whole, net inflows of direct investment rose by S$17.6 billion (around US$13 billion) to S$151 billion…
Read More ...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Ireland – Draft Guidance and Notification Form on the Irish Screening of Third Country Transactions Act 2023 On 16 February 2024, the Department of Enterprise, Trade and Employment published the Draft Guidance on the Irish Screening of Third Country Transactions Act 2023, as well as a Draft Notification Form.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…
Read More ...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…
Read More ...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…
Read More ...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? …
Read More ...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…
Read More ...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…
Read More ...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…
Read More ...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…
Read More ...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,…
Read More ...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…
Read More ...CELIS Update on Investment Screening – January 2024
EU –European Commission announces new economic security initiatives On 24 January 2024, the European Commission announced five initiatives aimed at enhancing EU economic security in the face of risks from profound technological shifts and increased geopolitical tensions. These initiatives follow on from the publication of the European Economic Security Strategy in June 2023. Amongst others,…
Read More ...Politicization and Securitization of the 5G Rollout: What Role for International Economic Law?
By Iryna Bogdanova, KFG ‘The International Rule of Law – Rise or Decline?’ 5G: economic implications of its rollout and relevant national security risks The 5G network, as the fifth generation of cellular networks, signifies a groundbreaking transition from its predecessors (2G, 3G, and 4G/LTE). Described as a “disruptive” and “transformational” technology, its distinguishing feature…
Read More ...CELIS Webinar on the new EU Economic Security Package
On February 8, 2024, CELIS will host a lunchtime webinar on the new EU Economic Security Package. Following our last lunchtime webinar on the Xella judgment, this time we will discuss the new EU Economic Security Package with renowned expert. Moderated again by Jonas Fechter and Janosch Wiesenthal, the package will be discussed by Christian…
Read More ...Is the EU Foreign Subsidies Regulation compatible with WTO Law?
By Pierfrancesco Mattiolo, University of Antwerp The blog post summarizes parts of the article ‘The EU’s New Regime on Foreign Subsidies: Has the Time Come for a Paradigm-Shift?’ published by Professor Csongor Nagy in the Journal of World Trade. The paper is available here. State Capitalist Economies and the WTO It is no mystery that,…
Read More ...The EU Commission’s Economic Security Package: Scale Up and Revamp
By Sophie Bohnert, Vienna University of Economics and Business/College of Europe and Kilian Wagner, University of Vienna Introduction: Long Awaited, Much Longed-For! Over the past six months, the EC has been gradually releasing bits and pieces of information about possible initiatives to scale up and revamp the EU’s foreign trade and investment policy toolbox, creating…
Read More ...Foreign direct investment screening in the EU: time to address weaknesses
By Mihails Kozlovs, Member of the European Court of Auditors, Dean of Chamber IV – Regulation of markets and competitive economy Introduction The European Court of Auditors (ECA) in its role as the European Union’s (EU) external auditor audits not only the implementation of the EU budget, but also assesses the economy, effectiveness, and efficiency of…
Read More ...Outbound Investment Screening
By Dr. Leonard von Rummel, BLOMSTEIN With the “Executive Order on Addressing United States Investments In Certain National Security Technologies and Products In Countries Of Concern“, the USA has drafted a regulation for outbound investment control. This article deals with the question of whether a comparable project could also be transferred to Europe or…
Read More ...Call for Feedback
Dear CELIS Community, As we strive to propel the CELIS Institute’s mission forward and foster growth, we invite you to play a key role in our journey. Your insights are invaluable, and we would greatly appreciate it if you could take a moment to provide brief feedback on what you value most about the CELIS…
Read More ...The European Union’s Anti-Coercion Instrument – A Closer Look at Decision-Making under a Politicized Trade Instrument
Author details on file with the editors. Introduction The European Union’s (EU, Union) Anti-Coercion Instrument (ACI) is finally here. After an overwhelming majority vote by the European Parliament (EP) and the formal adoption by the Council, the ACI has now also made it into the Official Journal of the European Union. Regulation (EU) 2023/2675 (the…
Read More ...The Anti-Coercion Instrument – The Practical Repercussions of the ACI’s Entry into Force (Part II)
By Anh Nguyen, University of Amsterdam This is the second post in a two-part blog post providing an international law deep dive on practical repercussions of the ACI’s entry into force. This post will discuss international trade law perspectives on the ACI’s unilateral invocation of countermeasures. The previous post focused on general international law perspectives…
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