Eu Framework For Foreign Direct Investment Control
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Eu Framework For Foreign Direct Investment Control
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Author : Jacques H. J. Bourgeois
language : en
Publisher: Kluwer Law International
Release Date : 2020
Eu Framework For Foreign Direct Investment Control written by Jacques H. J. Bourgeois and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Investments, Foreign categories.
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.
Weaponising Investments
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Author : Jens Hillebrand Pohl
language : en
Publisher: Springer Nature
Release Date : 2023-11-06
Weaponising Investments written by Jens Hillebrand Pohl and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-06 with Law categories.
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.
Weaponising Investments
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Author : Jens Hillebrand Pohl
language : en
Publisher: Springer Nature
Release Date :
Weaponising Investments written by Jens Hillebrand Pohl and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
The New Eu Competence For Foreign Direct Investment Legal Questions Of Its Implementation
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Author : Sebastien Meilinger
language : en
Publisher: GRIN Verlag
Release Date : 2016-06-27
The New Eu Competence For Foreign Direct Investment Legal Questions Of Its Implementation written by Sebastien Meilinger and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-27 with Law categories.
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).
European Union And The Race For Foreign Direct Investment In Europe
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Author : Pervez N. Ghauri
language : en
Publisher: Emerald Group Publishing
Release Date : 2003-12-16
European Union And The Race For Foreign Direct Investment In Europe written by Pervez N. Ghauri and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-12-16 with Political Science categories.
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.
Closing The Eu East West Productivity Gap
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Author : David A Dyker
language : en
Publisher: World Scientific
Release Date : 2006-06-15
Closing The Eu East West Productivity Gap written by David A Dyker and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-15 with Business & Economics categories.
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
Policy Competition And Foreign Direct Investment In Europe
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Author : Philip Raines
language : en
Publisher: Routledge
Release Date : 2018-08-20
Policy Competition And Foreign Direct Investment In Europe written by Philip Raines and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-20 with Social Science categories.
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.
Eu Anti Dumping And Other Trade Defence Instruments
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Author : Van Bael & Bellis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-06-06
Eu Anti Dumping And Other Trade Defence Instruments written by Van Bael & Bellis and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-06 with Law categories.
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.
Screening Foreign Direct Investment In The Eu
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Author : Jens Velten
language : en
Publisher:
Release Date : 2022
Screening Foreign Direct Investment In The Eu written by Jens Velten and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Commercial law categories.
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.
Foreign Direct Investment And Competition Policy After The Franco German Manifesto Embedding Political Dissent In Law
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Author : Cosimo Marcantuono
language : en
Publisher: GRIN Verlag
Release Date : 2023-01-30
Foreign Direct Investment And Competition Policy After The Franco German Manifesto Embedding Political Dissent In Law written by Cosimo Marcantuono and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-30 with Law categories.
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.