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Screening Foreign Direct Investment In The Eu
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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 B.V.. This book was released on 2019-12-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment (FDI) has grown considerably worldwide in recent decades, alongside the no-less considerable development of international ‘supply chains’. In the European Union (EU), stock held by foreign investors exceeds EUR 6 billion, while stock held in the rest of the world by EU investors exceeds EUR 7 billion. This important book analyses the current and proposed regimes of FDI screening in the EU, highlighting mechanisms designed to enhance FDI’s advantages and minimize its drawbacks. Leading practitioners, policymakers and academics discuss the 2017 European Commission proposal on FDI screening and its resulting Regulation, focusing on such issues and topics as the following: the economics of FDI screening; rising protectionism versus further investment liberalization; how the EU framework connects with WTO rules; the dangers of foreign investment in sectors essential to public order and security; how the EU regulatory layer interacts with FDI screening at Member State level; and perceived lacunae in the way the EU addresses incoming FDI. Two detailed examples of how FDI screening works in practice are included, along with a comparative view of FDI screening in the United States. Contributions commenting specifically on the EU Regulation deal with the process of adopting the Regulation and the impact of opposing views, and how the Regulation aligns with EU policy in the areas of trade, investment and competition. Companies engaged in FDI or financial services will appreciate the detailed analysis of issues raised by this new EU policy instrument. Practitioners active in competition law, particularly M&A, 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 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 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 Springer Nature. This book was released on 2022-07-19 with total page 371 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 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 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 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 Public Actors in International Investment Law by : Catharine Titi
Download or read book Public Actors in International Investment Law written by Catharine Titi and published by Springer Nature. This book was released on 2021 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.
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 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 Investment Screening and WTO Law by : Erich Vranes
Download or read book Investment Screening and WTO Law written by Erich Vranes and published by Springer Nature. This book was released on 2023-12-12 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a worldwide intensification in the use of investment screening mechanisms. This surge is connected with political re-orientations, the rise of new economic powers, and security concerns. Despite the considerable effects that investment screening may have on international investment and trade, there is hardly any literature examining the consequences to be drawn from relevant WTO rules for investment screening. However, the importance of WTO law for such instruments is substantial not least due to the broad scopes of application of the GATT and GATS agreements. The risk that screening activities could be challenged before the WTO is underlined by pertinent panel reports. This book in particular uses the 2019 EU Screening Regulation as an example for illustrating the relevance that WTO law has for investment screening. It concludes that in the light of relevant WTO rulings screening activities undertaken for public order and security reasons may face considerable hurdles not least in the general exceptions and security exceptions of the GATT and the GATS.
Book Synopsis Chinese State Owned Enterprises and EU Merger Control by : Alexandr Svetlicinii
Download or read book Chinese State Owned Enterprises and EU Merger Control written by Alexandr Svetlicinii and published by Routledge. This book was released on 2020-12-13 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the specifics of corporate governance of China’s State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission’s screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.
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 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 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 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 Extraterritoriality of EU Economic Law by : Nuno Cunha Rodrigues
Download or read book Extraterritoriality of EU Economic Law written by Nuno Cunha Rodrigues and published by Springer Nature. This book was released on 2021-10-28 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.
