Foreign Investment, Strategic Assets and National Security

At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People’s Republic of China, Australia, Canada, and Germany, France and the United Kingdom as representatives of the European Union.
Auteur(s):
Carlos Esplugues
boek | verwacht | 1e editie
juni 2018 | 502 blz.

Hardback
€ 145,-


ISBN 9781780686233



Verschijnt 29 juni 2018

Inhoud

At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People’s Republic of China, Australia, Canada, and Germany, France and the United Kingdom as representatives of the European Union.

Foreign investment has grown steadily for decades and the de-regulation of international trade and investment was a widely accepted trend, particularly in developed countries. Increasingly, however, this development is encountered by opposition. Globalisation and socio-economic effects of mergers and acquisitions of domestic firms by foreign investors receive less support from the general public. Concerns about national security, protection of new technologies and competitiveness are raised. This leads national and regional legislators to develop new mechanisms to control foreign investments, particularly in light of national security. The widely adopted and traditional ex post approach linked to investment treaties is now enhanced by an increased focus on the phase prior to the actual implementation of the investment.

This legal development and the new screening systems are captured in this book and it is explained how the present paradigm change is affecting the legal rules in practice. It is a must read for everyone working in the field.

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Table of contents and preliminary pages (p. 0)

The Changing Course of FDI: An Introduction (p. 1)

Part I. FDI and National Security: The Playing Field

Chapter 1. The International Legal Framework for Foreign Investment (p. 23)

Chapter 2. Foreign Direct Investment (p. 49)

Chapter 3. National Security as a Limit to International Trade and Foreign Investment (p. 63)

Part II. The Traditional Approach: Ex Post Control

Chapter 4. National Security in International Trade Agreements (p. 113)

Chapter 5. Extrapolating from International Trade Law to International Investment Law (p. 135)

Part III. Towards Ex Ante Control: The Evolving Position

Chapter 6. Risks to Host States (p. 161)

Chapter 7. Systems and Consequences of FDI Control (p. 221)

Part IV. Ex Ante Evaluation on National Security Grounds in Practice

Chapter 8. United States: The Paradigm of Review on National Security Grounds (p. 257)

Chapter 9. People's Republic of China: Designing a Unique Model of Evaluation on National Security Grounds (p. 305)

Chapter 10. Canada: A Dual System of Evaluation (p. 327)

Chapter 11. Australia: The 'National Interest' Test (p. 355)

Chapter 12. European Union: From Current Plurality to a Common Future (p. 377)

Chapter 13. United Kingdom: A Model Linked to Competition Law (p. 435)

Epilogue: A Look to the Future (p. 449)

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