National Security and Investment Controls

2024
ISBN: 978-3-031-68015-1
Verlag: Springer International Publishing

Buch, Englisch, Band 3, 289 Seiten, HC runder Rücken kaschiert, Format (B × H): 160 mm x 241 mm, Gewicht: 635 g

Reihe: Springer Studies in Law & Geoeconomics

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.

Zielgruppe

Research

Autoren/Hrsg.

Pohl, Jens Hillebrand

Wiesenthal, Janosch

Papadopoulos, Thomas

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht

Inhaltsverzeichnis

Inward Foreign Investment Screening in Australia: Development and Implications .- Foreign Direct Investment and Security – What is Actually the Problem? .- Foreignness in EU Investment Screening Law .- The Coin of the Realm: Foreign Investment Screening and Trust in International Relations .- The International Legal Framework for Foreign Investment Control .- Regulating Sovereign-Driven Investments in International Trade and Investment Agreements: The Role of Investment Screening Mechanisms .- Definition of Foreign Investors and Protected Investments: A Comparative Analysis .- Investor Obligations Through the Prism of the EU Foreign Investment Screening Framework .- Facilitating and Scrutinizing National Security Measures: Analysis of an Investment Screening Case in the European Union .- Toward a Multilevel System of Investment Control oriented to Crisis Management: Italian Golden Power in the Framework of the EU FDI Screening Mechanism .- Negotiating Mitigation Agreements: Prenup-Agreements for a Future Ménage à Trois? .- International Coordination of National Screening Procedures: the Case of the EU Cooperation Mechanism .

Über Autor(innen)

Jens Hillebrand Pohl is a legal scholar, geographer, and political scientist writing and lecturing at the intersection of law and geoeconomics. An experienced attorney having practiced before U.S. federal and state courts in New York and for EU institutions, Jens researches the (geo)politicization of the legal order. His Ph.D. in law at Maastricht University concerns judicial deference to executive power in national security cases and his second Ph.D. in political science at Tampere University analyzes ‘lawfare’ and the (mis)use of the legal system as an instrument of geostrategic power. Jens is an adjunct professor (docent) at Maastricht University and the United Nations University, a doctoral fellow of the Institute for Globalization and International Regulation (IGIR), a doctoral research scientist at Tampere University, and an Associate Fellow at the Royal Geographical Society. He is the founding series editor of Springer Studies in Law & Geoeconomics, an advisory editor of the Yearbook of Socio-Economic Constitutions, and a former article editor of the Harvard International Law Journal. He has held visiting appointments at the Max Planck Institute for Procedural Law, T.M.C. Asser Institute, and the World Trade Institute. He holds an LL.M. from Harvard Law School and a MSc in Economics and Business from the Stockholm School of Economics.

Thomas Papadopoulos is an Assistant Professor of Business Law at the Department of Law of the University of Cyprus. He received his DPhil in Law from the Faculty of Law, University of Oxford, UK (2010). He received a degree of Magister Juris-MJur (2006) and a degree of MPhil in Law (2007) from the Faculty of Law, University of Oxford, UK. He also received his LLB with Distinction (ranked 1st) from the Department of Law, Aristotle University of Thessaloniki, Greece (2005). Previously, he was a visiting researcher at Harvard Law School, USA (2009-10). He is also a Visiting Professor at University of Trento and at International Hellenic University, a Teaching Fellow at Open University of Cyprus and an Attorney at law (Greece). Additionally, he was a Visiting Researcher at King’s College London and at Max Planck Institute Luxembourg. Moreover, he is a member of the editorial board of European Company Law (ECL) Journal published by Kluwer. He is a country reporter-legal expert for Cyprus at the European Model Company Act (EMCA) Group, the Common European Law on Investment Screening (CELIS) Institute, the Covid-19 Litigation Project of the University of Trento, Italy and research projects of the European Trade Union Institute (ETUI). He is also a member of the academic board of European Banking Institute (EBI). He was awarded the “Cyprus Research Award-Young Researcher (2014)” of the Research Promotion Foundation of the Republic of Cyprus (category of “Social Sciences & Humanities”). His articles were published in many top international law journals. He is also the author of the following monograph published by Kluwer: EU Law and the Harmonization of Takeovers in the Internal Market, 2010, Kluwer. Moreover, he is the editor of the following book published by Springer: Cross-Border Mergers - EU Perspectives and National Experiences, 2019, Springer. In February 2023, his 1280 pages book on Cyprus Company Law was published in Greek by Nomiki Vivliothiki publications.

Janosch Wiesenthal is a PhD candidate at the University of Passau currently working on a thesis which focuses on Foreign Investment Screening. He holds a PhD-scholarship from one of the German organizations promoting talent (Begabtenförderungswerke). Janosch is also Deputy Assistant Director of the CELIS Institute, an independent nonprofit, nonpartisan research enterprise dedicated to promoting better regulation of foreign investment in light of security and public order concerns. He co-founded the CELIS Early-Career Scholars’ and Practitioners’ Network on the Law and Practice of Economic Warfare (CELIS NOW). Formerly, Janosch worked as a research assistant to Prof. Dr. Steffen Hindelang at Uppsala University in Sweden. He completed his law studies at Humboldt-Universität zu Berlin by passing the first state examination (Erstes Staatsexamen). He also studied at the Université Paris II Panthéon-Assas, where he specialised in international law and obtained both the Licence en droit as well as the Maîtrise en droit.