National Security in International and Domestic Investment Law: Dynamics in China and Europe

This book provides a comprehensive introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. It explores the legitimacy of FDI screening using the theory of National Security Constitution and analyzes FDI screening in various countries. It highlights how States and the EU are using legal instruments to address security concerns in the context of evolving digital technologies and global economic changes.

Format: Hardback
Length: 274 pages
Publication date: 20 October 2023
Publisher: Taylor & Francis Ltd

This comprehensive book provides a dynamic introduction to the latest developments in national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. In the wake of the COVID-19 pandemic and the Russian invasion of Ukraine, FDI screening has reached unprecedented levels, yet its objectives, scope, and potential impact remain ambiguous and contentious. The book begins by establishing the legitimacy of FDI screening through the framework of the National Security Constitution. Part I delves into the national security, public order, and public health exceptions clauses in international investment law, as well as the novel EU Regulation on FDI screening. Part II offers a detailed analysis of FDI screening practices in China, France, Germany, Italy, the Netherlands, Poland, and the UK, which have either witnessed significant changes in domestic law recently or adopted new laws to address growing security concerns.

The book showcases how States and the EU are utilizing legal instruments to address urgent and emerging challenges posed by foreign investment, particularly in the context of evolving disruptive digital technologies and the structural transformation of the global economy. By examining the case studies of these countries, the volume sheds light on the complexities of national security emanating from foreign investment and offers valuable insights into the strategies employed by policymakers, legal practitioners, and business professionals to navigate this complex terrain.

This book is of immense value to a diverse range of audiences, including academics specializing in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals, and law and business students at the graduate level. It serves as a valuable resource for anyone seeking to understand the evolving landscape of FDI screening and its implications for global economic stability and security.

Weight: 700g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032506395