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Eu Framework For Foreign Direct Investment Control
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Book Synopsis EU Framework for Foreign Direct Investment Control by : Jacques H. J. Bourgeois
Download or read book EU Framework for Foreign Direct Investment Control written by Jacques H. J. Bourgeois and published by Kluwer Law International. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies engaged in FDI or financial services will appreciate the detailed analysis of issues raised by this new EU policy instrument. This book is supposed to improve the practitioners? understanding of the EU regulatory layer now coming on top of FDI screening at the Member State level. Practitioners active in competition law, particularly mergers and acquisitions, will welcome this clear commentary and analysis of a crucial component of EU policy in the related areas of trade and investment, and policymakers will be encouraged to consider whether further regulatory changes are called for.
Book Synopsis Weaponising Investments by : Jens Hillebrand Pohl
Download or read book Weaponising Investments written by Jens Hillebrand Pohl and published by Springer Nature. This book was released on 2023-11-06 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly topical volume presents pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. Long considered as exceptional measures, restrictions on inward foreign direct investments (FDI) have become ever more common and accepted. This book presents different perspectives on how decision-makers go about the tasks of assessing risks and threats to national security that may be posed by FDI and then balancing those risks and threats against economic interests of parties concerned and society at large.
Book Synopsis The New EU Competence for Foreign Direct Investment. Legal Questions of its Implementation by : Sebastien Meilinger
Download or read book The New EU Competence for Foreign Direct Investment. Legal Questions of its Implementation written by Sebastien Meilinger and published by GRIN Verlag. This book was released on 2016-06-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0 (A), Diplomatic Academy of Vienna - School of International Studies (International Law and EU Law), course: External Economic Relations and Foreign Policy of the European Union, language: English, abstract: The aim of this seminar paper will be to firstly give an overview of the role of investment treaties in general, followed by a retrospective on the legal situation of the foreign direct investments (FDI) prior the Treaty of Lisbon (TOL) and an analysis of the current legal framework. Based on primary and secondary sources, the scope of the Union’s exclusive FDI competence of Art. 206/207 TFEU will be inquired as well as questions of legal implementation centred on the issue of financial responsibility within ISDS. By addressing the legal status of the Bilateral Investment Treaties (BIT) concluded by MS the legal basis is set to analyse the Austrian Nigerian Agreement for the Promotion and Protection of Investment which was authorized by the Commission (COM)and concluded by the Republic of Austria in 2013. In this context it will be interesting to assess the potential for the template of this agreement to become a kind of EU-third country model BIT to be concluded by the Union and to which extent the content of the agreement would be covered by the Unions FDI competence. With the entering into force of the TOL the European Union was massively changed in order to take on the challenges that lie ahead in the future. Among many of those institutional changes, the powers of the Union in the field of investments have been enlarged, with FDI now being part of the Common Commercial Policy (CCP). The motivation for such a an empowerment is manifold, reaching from FDI attraction and facilitation both important for European economic growth, the establishment of a level playing field for investors, to the beneficial effect of an increased negotiation leverage. Four years have passed since the new FDI competence has been established and on the face of it not much has been achieved. Only one piece of regulation addressing questions of legal implementation has been adopted. Exclusive EU Free Trade Agreements (FTA) containing comprehensive investment provisions are still to be concluded. Nevertheless a lot of preparatory work has been conducted by the COM and the European Parliament (EP). Of course the academic debate regarding the scope of the competence is vivid as well as the other obstacles regarding the legal implementation, mainly in the field of Investor to State Dispute Settlement (ISDS).
Book Synopsis Weaponising Investments by : Jens Hillebrand Pohl
Download or read book Weaponising Investments written by Jens Hillebrand Pohl and published by Springer Nature. This book was released on with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EU Anti-Dumping and Other Trade Defence Instruments by : Van Bael & Bellis
Download or read book EU Anti-Dumping and Other Trade Defence Instruments written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2011-06-06 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt: European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors cover every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if 'Union interest’ calls for intervention; differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping measures; rules for the determination of permissible adjustments; rules governing the standing of various interested parties before the European Courts; rules and procedure applicable to non-market economy countries; special rules on products originating in a developing country; allocation and administration of quantitative quotas; surveillance measures; and whether and to what extent safeguard measures are subject to judicial review. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.
Book Synopsis European Union and the Race for Foreign Direct Investment in Europe by : Pervez N. Ghauri
Download or read book European Union and the Race for Foreign Direct Investment in Europe written by Pervez N. Ghauri and published by Emerald Group Publishing. This book was released on 2003-12-16 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries create different type of incentives for foreign firms, such as; direct incentives/subsidies, tax relief, soft loans and preferred handling. This volume aims to analyze the impact of European Union on inward foreign direct investment in Europe and to discuss what type of effects are being created by this race for FDI.
Book Synopsis Policy Competition and Foreign Direct Investment in Europe by : Philip Raines
Download or read book Policy Competition and Foreign Direct Investment in Europe written by Philip Raines and published by Routledge. This book was released on 2018-08-20 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this volume recognised how widespread attention has been given to charting how the global rise in investment flows has caused numerous changes in the operation of economies – such as the globalisation of production and increasing international economic interdependency. Less research has been made on the role of government policy in promoting FDI. This book, based on a report for the OECD Development Centre, examines the rising competition between European governments to attract mobile investment projects and its impact on the use of different policy areas to influence FDI decisions.
Book Synopsis Closing the EU East-West Productivity Gap by : David A Dyker
Download or read book Closing the EU East-West Productivity Gap written by David A Dyker and published by World Scientific. This book was released on 2006-06-15 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: A product of the Framework V research project, this book addresses one of the key problems facing the EU today: Why is the ‘new’ EU so much poorer than the ‘old’, and how will EU enlargement help to solve the problem? Focusing on the productivity problems underlying the East-West gap, it looks in particular at the role that foreign investment and R&D can play in closing it. Against that background, the book assesses what role proactive development policy might play in attacking the roots of low social productivity. Concluding that there will be a clear-cut process of convergence between East and West, albeit an incomplete one, it finishes with an assessment of the patterns of competitiveness, East and West, that are likely to emerge from this process of incomplete convergence. The material is based on a rich archive of empirical material which no competing title can match, and combines in-depth interviews with standard quantitative approaches and critical policy analysis. Contents:Introduction: Productivity and Social Capability — A Historical and Analytical Framework (D A Dyker & L Iacovone)Identifying the Channels and Mechanics of FDI-Induced Technology Transfer (D A Dyker et al.)Analyzing FDI in Central-East Europe on the Basis of Sample Surveys (B Majcen et al.)Analyzing FDI in Central-East Europe Through Case Studies (D A Dyker et al.)Checking the Results of the Case Study Interviews — An Essay in Triangulation (L Iacovone & N Kofoed)Domestic Innovation Capacity — Can CEE Governments Correct FDI-Driven Trends Through R&D Policy? (S Radošević)Can EU Policy Intervention Help Productivity Catch-Up? (P Holmes et al.)Summing-Up: Productivity Catch-Up and International Competitiveness (D A Dyker) Readership: Academics, civil servants and business managers. Keywords:Central-East Europe;Foreign Direct Investment;Competitiveness;EU;East-West Productivity GapKey Features:Addresses a key policy issue facing EU, national governments and private sector managers alikeBased on a rich archive of empirical material not available in any other published sourceCombines in-depth interviews with standard quantitative approaches and critical policy analysisWritten by a team of eminent senior academics (Dyker, Holmes, Radošević, Majcen) and brilliant young researchers
Book Synopsis The Foreign Investment Regulation Review by : Calvin S. Goldman
Download or read book The Foreign Investment Regulation Review written by Calvin S. Goldman and published by . This book was released on 2021 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Protection of Foreign Investments in an Intra-EU Context by : Moskvan, Dominik
Download or read book Protection of Foreign Investments in an Intra-EU Context written by Moskvan, Dominik and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
Book Synopsis Screening Foreign Direct Investment in the EU by : Jens Velten
Download or read book Screening Foreign Direct Investment in the EU written by Jens Velten and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Direct Investment (FDI) from third countries--a desirable form of investment to boost the EU's economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law. In particular, the book identifies the four main concerns in the EU regarding FDI from third countries: distortive competition effects; the lack of reciprocity on FDI treatment between the EU and the investor's home country; objectives of the investor or their home country that may be detrimental to EU interests; and safety of private information. On this basis, the book analyzes the Screening Regulation (Regulation (EU) 2019/452) and its newly introduced screening ground “security or public order” and asks whether this and other similar screening grounds based on the notions of security, public order and public policy can address these concerns with regard to foreign investors. Based on an analysis of WTO law and EU primary law, it argues that they cannot. Thus, the question arises: Do the EU and Member States have the flexibility to adopt broader FDI screening mechanisms? To answer this question, the book examines the freedoms of capital movement and establishment in EU primary law, as well as various sources of international economic law such as, first and foremost, the WTO's General Agreement on Trade in Services, but also other bi- and plurilateral trade and investment treaties, including the EU-China Comprehensive Agreement on Investment. In closing, the book identifies various legislative options for broader FDI screening mechanisms--and their shortcomings.
Book Synopsis Foreign Direct Investment and Competition Policy after the Franco-German Manifesto. Embedding Political Dissent in Law by : Cosimo Marcantuono
Download or read book Foreign Direct Investment and Competition Policy after the Franco-German Manifesto. Embedding Political Dissent in Law written by Cosimo Marcantuono and published by GRIN Verlag. This book was released on 2023-01-30 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: 16/20, Leuven Catholic University, language: English, abstract: This thesis examines the European paradigm shift (i.e., from unconditional openness to foreign direct investment to the statement “we are not naive free traders” pronounced by the former President of the European Commission Jean-Claude Juncker) toward the concerns raised by the Franco-German Manifesto and the subsequent interventions of European legislator. The research will focus on the new Foreign Direct Investments Screening Regulation and Cybersecurity Regulation. Furthermore, this thesis addresses a final proposal for a regulation to address state aid from non-European countries, as well as prospects for amending European competition law to meet Member States' desire to create "national and European champions". Globalization, the development of new technologies and the recent COVID-19 pandemic crisis prompted the reopening of old issues in the European Union concerning the demand for protection and the interplay between industrial policy and European competition law. To preserve the internal market, sovereignty and the future economic independence of Europe, unified and strategic European thinking is required. In this vein, Germany and France formulated an industrial policy proposal to induce the European Union to amend its rules on the subject, now perceived as 'outdated' when confronted with increasingly fierce industrial competition from the Asian powers and the United States. This understanding, labelled as the Franco-German Manifesto, illustrates Member States' concerns on the need for new European defence tools for technologies, companies and the European market, along with the reform of the current regulatory framework to enable European companies to compete globally. The analysis performed in this thesis thus investigates the rationale underpinning the new regulations and their approach to the critical issues highlighted by the Member States. The scrutiny of the mentioned regulations will concentrate on their effectiveness in countering risks related to (i) foreign acquisition of strategic assets, (ii) new technologies, and (iii) distortions of the internal market due to the lack of a global level playing field, will lead this thesis to argue in favour of further action by the legislator.
Book Synopsis YSEC Yearbook of Socio-Economic Constitutions 2020 by : Steffen Hindelang
Download or read book YSEC Yearbook of Socio-Economic Constitutions 2020 written by Steffen Hindelang and published by Springer Nature. This book was released on 2021-03-29 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”. Thereby, it provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons. Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The “elephant in the room” is China and its “Belt and Road Initiative”. The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The book takes stock of the current rather fragmented regulatory approaches and combines contributions from leading international academics, practitioners, and policy makers in their respective fields. Due to the volume’s comprehensive approach, it is expected to influence the broader debate on the EU’s upcoming regulation of this matter. The book is addressed to participants from academia as well as to representatives from government, business, and civil society.
Book Synopsis The International Law of Economic Warfare by : Teoman M. Hagemeyer-Witzleb
Download or read book The International Law of Economic Warfare written by Teoman M. Hagemeyer-Witzleb and published by Springer Nature. This book was released on 2021-07-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies – reflecting the three main branches of international economic law: trade, investment and currency – to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether – analogously to the prohibition of the threat or use of force – these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.
Book Synopsis Foreign Direct Investment in New Member State of the EU and Western Balkans: Taking Stock and Assessing Prospects by : La-Bhus Fah Jirasavetakul
Download or read book Foreign Direct Investment in New Member State of the EU and Western Balkans: Taking Stock and Assessing Prospects written by La-Bhus Fah Jirasavetakul and published by International Monetary Fund. This book was released on 2018-08-21 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: FDI has played a strong role in the export-led growth of eastern European countries that are now members of the European Union (EU). Largely sourced from advanced Europe, FDI inflows were motivated by the intention to pursue new markets and cost efficiency. Over time, foreign investment has restructured the exports sector in these countries in favor of products that are considered more technology-intensive. As these countries face skills shortage and rising wages, what is needed for FDI to continue playing a strong role? Can the Western Balkan countries, who are not yet EU members and have in recent years stepped up financial incentives and policy initiatives to court investors, emulate the experience? This paper takes stock of the FDI experience of both these groups and tries to estimate their potential gains from additional policy efforts.
Book Synopsis Foreign Direct Investment in Europe by : Klaus Liebscher
Download or read book Foreign Direct Investment in Europe written by Klaus Liebscher and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides authoritative academic and professional insights into the effects of foreign direct investment (FDI) on home and host countries. It highlights global trends and patterns, and explores related policy challenges all with a special focus on the countries in Central, Eastern and South-Eastern Europe. The book cuts through the existing data fog by offering a wide range of up-to-date academic findings and institutional expertise. Those findings are rounded off with lessons to be learned from historical developments (Ireland s success story), an evaluation of current trends (the role of China) and an investment promotion agency policy for attracting sustainable investment (CzechInvest). Contributions made by central bank officials, institutional representatives, members of academia and professionals provide for a uniquely complementary view on FDI developments and their implications. At a time of big changes in the FDI landscape, this book offers both empirical and econometric evidence on foreign direct investment and will be of great interest to economists and other experts in the fields of economic policy and European integration from central, commercial and investment banks, governments, international organizations, universities and research institutes. The special focus on FDI will attract those interested in, or directly involved in tackling the challenges of attracting sustainable investment or investing successfully abroad.
Book Synopsis OECD Benchmark Definition of Foreign Direct Investment 2008 Fourth Edition by : OECD
Download or read book OECD Benchmark Definition of Foreign Direct Investment 2008 Fourth Edition written by OECD and published by OECD Publishing. This book was released on 2009-10-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The OECD Benchmark Definition of Foreign Direct Investment sets the world standard for FDI statistics. It provides a single point of reference for statisticians and users on all aspect of FDI statistics, while remaining compatible with other internationally accepted statistical standards.
