Posts Tagged ‘Economic Security’
Latest Trends in Czech FDI Screening
By Jan Kupčík, Head of Competition, Foreign Trade & EU, Schoenherr Czech Republic The Czech Republic’s FDI screening regime has been in place since 2021. While the screenings remain fully confidential, annual reports of the Ministry of Industry and Trade (MoIT) allow us to deduct some of the enforcement trends and structure of cases that…
Read More ...An overview of the U.S. outbound screening program and considerations for private and public actors
By John Kabealo, Founding Partner, Kabealo PLLC On October 28, 2024, the U.S. Department of the Treasury finalized its highly anticipated regulations to implement Executive Order 14105, Regulating outbound U.S. investments in countries and sectors that may pose national security concerns for the United States. The regulations finalize the draft regulations published June 21, 2024…
Read More ...2024 Year-in-Review I Holiday Break
By Kilian Wagner (CELIS Blog Editor, University of Vienna) I. 2024 – Economic Security Developments in Review With a busy year coming to an end, it is time to take stock of the main developments in the area of economic security from an EU perspective. A number of new policy initiatives have been launched in…
Read More ...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…
Read More ...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…
Read More ...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…
Read More ...CFIS 24: Paris Insights – Securing Europe’s Future: Investment Screening and Economic Security in the Context of EU Enlargement
A Note from the Editors The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS.…
Read More ...CFIS 24: Paris Insights – Preserving the Battlefield Gap in the Area of Technology: Between Export Control and Outbound Investment Screening
A Note from the Editors The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS.…
Read More ...The Growing “Informalisation” of EU Trade and Investment Law: The End of a Rules-Based Order?
By Sophie Bohnert, Vienna University of Economics and Business I. Introduction Since approximately 2017, EU trade and investment law has not only taken a “unilateral turn”[i] but has also experienced a “softening”. The EU appears to be adopting an increasingly informal approach to pursuing its policy objectives, alongside other major players such as the United…
Read More ...CFIS 24: Paris Insights – The Current Global Regulatory & Investment Environment: The OECD Countries’ Perspective on Economic Security
The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is the flagship event…
Read More ...The ‘Protecting Americans from Foreign Adversary Controlled Applications Act’ (PAFACAA): ‘TikTok Ban’ or New Milestone in US Economic Security Law?
By Paolo Mazzotti, PhD candidate and Research Fellow, Max Planck Institute for Comparative Public Law and International Law (Heidelberg) The recently adopted ‘Protecting Americans from Foreign Adversary Controlled Applications Act’ (PAFACAA) marks a new step in the evolution of US economic security law. While often referred to as a ‘TikTok ban’, PAFACAA puts in place…
Read More ...CFIS 24: Paris Insights – Investment Screening in Defense Sector: Promoting National Security and Neoliberalism
The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is the flagship event…
Read More ...CFIS 24: Paris Insights – FDI and EU Strategic Autonomy
The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is the flagship event…
Read More ...CFIS 24: Paris Insights – Sovereign Wealth Funds and Investment Screening
The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is the flagship event…
Read More ...CFIS 24: Paris Insights – A firm-level perspective on investment screening in the EU
The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is the flagship event…
Read More ...CFIS 24: Paris Insights – Background Paper on Foreign Subsidies Regulation
The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is the flagship event…
Read More ...CFIS 24: Paris Insights – Investment Screening and Economic Security in the Majority World
From the Editors The CELIS Blog is launching its very first special series of blog posts ahead of this year’s CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is…
Read More ...The First Court (Interim Reliefs) Decision on the Dutch FDI Screening Regime: Setting the Boundaries
By Najibullah Zamani, Radboud University Introduction In recent years, mostly due to geopolitical developments, the perception of FDI by states has changed fundamentally. FDI is used increasingly as a tool to pursue geopolitical and security interests rather than as an objective in itself. As a consequence of this geo-politicization and securitization of FDI, more and…
Read More ...The U.S. Prohibition of the MineOne-Acquisition: What would be the treatment under EU and German Foreign Direct Investment Legislation?
By Benedikt Sichla, Research assistant at Clifford Chance 1. Introduction On May 13, 2024, President Biden issued an order prohibiting for national security reasons the acquisition of real estate and the operation of a cryptocurrency mining facility in close proximity to a U.S. Air Force base. The foreign ownership of the acquirer by nationals of…
Read More ...EU – In Depth Analysis: European Economic Security: Current practices and further development
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Read More ...Foreign Direct Investment in Thailand
By Lukas Baumgärtner, Mag. Iur, LL.M., Attorney at Law at Luther Rechtsanwaltsgesellschaft (Bangkok and Yangon) I. INTRODUCTION Thailand has demonstrated a significant trajectory of economic development over recent decades, with foreign direct investment (ʺFDIʺ) being an important contributor to this success. FDI inflows stood at USD 10 billion in 2022, down by 31.5% compared…
Read More ...The First Court Decision on the Austrian FDI Screening Regime
By Dr. Johannes Barbist, Binder Grösswang I. Introduction A regular CELIS blog reader will know already: Austria is at the forefront of EU jurisdictions when it comes to FDI filings submitted to the EU cooperation mechanism (counted by population, see here for a compilation of the data). However, until very recently there were no…
Read More ...Conference on Investment Screening in Austria
On Thursday, 13. June 2024, the second edition of the annual conference on investment screening in Austria and the EU will take place at the University of Vienna. The aim is to convene experts from academia and legal practice to discuss topical issues of investment screening and further legal initiatives designed to strengthen the EU’s open…
Read More ...Corporate Sustainability in the EU and the Obstacle Race to Eliminate Products of Forced Labour: a Pyrrhic Victory?
By Nicola Mongelli, LL.M (University of Antwerp) Introduction On the 23rd of April 2024, the European Parliament (EP), concluded the first reading of the text of the upcoming Regulation prohibiting products made with forced labour on the Union market. This contribution will comment on the Regulation on Products of Forced Labour (PFL Regulation), addressing some…
Read More ...UK investment screening: Government confirms commitment to a more pro-investment approach and sets out next steps
By Veronica Roberts and Ruth Allen, Herbert Smith Freehills LLP On 18 April 2024 the UK Government published its response to feedback from stakeholders on the operation of the UK National Security and Investment (NSI) regime since it entered into force in January 2022, gathered via a Call for Evidence issued in November 2023 (see our…
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