Weaponising Investments
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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 : 2024-02-20
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 2024-02-20 with Law categories.
This second volume of highly topical two-volume set “The Investment Weapon” continues to present pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. This second volumes shifts the focus from the policy context to the legal and regulatory aspects of investment controls, specifically from an international, transnational, and comparative law perspective. The topics range from control of subsidized investments to non-national security related investment controls and alternatives to investment screening.
Chinese Investments And The Economic Security Turn In Europe
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Author : Francesca Ghiretti
language : en
Publisher: Policy Press
Release Date : 2025-01-10
Chinese Investments And The Economic Security Turn In Europe written by Francesca Ghiretti and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-10 with Political Science categories.
Focusing on inward foreign direct investment (FDI) screening, this book provides an in-depth analysis of how European states’ economic interactions with China have become a security issue. Based on 100 interviews with scholars, journalists, policy makers, and politicians from across Europe, the book underscores the importance of the policy making process that led to the adoption of investment screening in European nations. It adopts the theory of securitization to analyse the passage of the status of Chinese FDI from economy to security. In doing so, it shows how the shifting view of Europeans is attributed to changes such as China’s growing economic presence, the persistence of non-market practices, the loss of competitiveness, and the use of economic statecraft.
National Security And Investment Controls
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Author : Jens Hillebrand Pohl
language : en
Publisher: Springer Nature
Release Date : 2024-09-16
National Security And Investment Controls 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 2024-09-16 with Law categories.
This third volume in the Springer Studies in Law and Geoeconomics series continues to advance the interdisciplinary field of investment control. With a primary focus on geoeconomic strategies, this book examines the evolving legal and regulatory frameworks that govern foreign direct investment (FDI). The volume addresses critical issues such as investment screening, foreign subsidies, and the balance between national security and economic interests. By exploring these themes through an international, transnational, and comparative law perspective, the book offers valuable insights into the mechanisms and implications of investment controls in a globalized economy. Contributors provide a detailed analysis of current practices and propose innovative approaches to the challenges posed by FDI in contemporary geopolitical contexts. This book is an essential resource for policymakers, legal scholars, and practitioners involved in the regulation of international investments.
Ysec Yearbook Of Socio Economic Constitutions 2024
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Author : Steffen Hindelang
language : en
Publisher: Springer Nature
Release Date : 2025-06-21
Ysec Yearbook Of Socio Economic Constitutions 2024 written by Steffen Hindelang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-21 with Law categories.
The fifth volume of the Yearbook of Socio-Economic Constitutions (YSEC Yearbook) offers an in-depth exploration of socio-economic constitutionalism, a field gaining rapidly in importance as global economies shift. Established equilibria between economic freedoms and socio-political interests are under pressure. This volume addresses contemporary issues, illustrating the balances between constitutional principles, economic goals, and socio-political values. Bridging theory and practice, it begins with foundational theories, advances through national applications, and concludes with global challenges. At its core is the socio-economic constitution, with authors examining how different jurisdictions interpret and apply this concept. The initial chapters lay a theoretical foundation. The volume then explores national approaches (Belgium, France, Germany, South Africa, South Korea, Sweden, Switzerland and also the EU), showcasing how countries adapt socio-economic constitutional principles to their historical, cultural, and legal contexts. The volume explores then the interplay of different constitutional interests at EU and international level, e.g., the EU’s balancing act between sustainability and consumer welfare when it comes to competition law or foreign investment screening at the intersection of economic security and national sovereignty. By moving from theory to national models and global issues, this YSEC volume offers a comprehensive contemporary view of socio-economic constitutionalism. It illustrates how constitutions are evolving to address today’s challenges, blending economic, social, and environmental concerns within a constitutional framework. This work is essential for readers seeking to understand how socio-economic constitutional principles can bridge theory and practice in today’s world.
The Regulation On Foreign Subsidies Distorting The Internal Market
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Author : Wolfgang Weiß
language : en
Publisher: Springer Nature
Release Date : 2024-06-04
The Regulation On Foreign Subsidies Distorting The Internal Market written by Wolfgang Weiß and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-04 with Law categories.
The book shows that the Regulation pursues its objective of ensuring greater equality of competitive conditions on the EU ́s Internal Market only by accepting new bureaucracy, establishing the need for complex and extensive assessments and raising considerable legal uncertainties as a result of undefined legal terms and comprehensive Commission discretion. The EU legislators, the Council and the European Parliament, in June 2022 adopted a new regulation that entered into force 12 January 2023: Regulation 2022/2560 on foreign subsidies distorting the internal market. This book analyses the regulation in more detail. To this end, after the brief introduction, its rationale and core contents are first presented. Then, its scope of application is to be explored in more detail, as the Regulation was criticised early on with regard to its compatibility with international law, which has an intense bearing on the substantive and personal scope of application of the Regulation. Subsequently the central regulatory concepts of the Regulation will be presented and then the specific rules for concentrations and public procurement procedures analysed. The conclusion will summarise the findings. In view of the likely backlash from powerful third countries, there is a risk of new distortions to the detriment of EU companies ́ activities in third country markets.
Foreign Investment Strategic Assets And National Security
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Author : Carlos Esplugues Mota
language : en
Publisher:
Release Date : 2018
Foreign Investment Strategic Assets And National Security written by Carlos Esplugues Mota and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Investments, Foreign categories.
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.
International Protection Of Investments
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Author : August Reinisch
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-30
International Protection Of Investments written by August Reinisch and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Law categories.
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
State Capitalism And International Investment Law
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Author : Panagiotis Delimatsis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-01-26
State Capitalism And International Investment Law written by Panagiotis Delimatsis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-26 with Law categories.
This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it. The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely.
International Investment Law And The Pandemic
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Author :
language : en
Publisher: BRILL
Release Date : 2024-11-11
International Investment Law And The Pandemic written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-11 with Law categories.
This book discusses how the Covid pandemic has reshaped investment screening mechanisms, investment law and arbitration. Contributions from leading academics and practitioners offer a fresh perspective on the reform of the ISDS mechanism and investment treaties; security and public order risks in FDI screening; the application of treaty standards and customary law defences; and the critical role of scientific data in investment arbitration. With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.