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National security in international and domestic investment law : dynamics in China and Europe
Title
National security in international and domestic investment law : dynamics in China and Europe / edited by Yuwen Li, Feng Lin, and Cheng Bian.
ISBN
1000971023
1000971074
1003399401
9781000971026
9781000971071
9781003399407
Publication
London ; New York : Routledge, 2024.
Physical Description
1 online resource (xix, 273 pages) : illustrations.
Local Notes
Access is available to the Yale community.
Notes
Description based on online resource; title from digital title page (viewed on March 21, 2024).
Access and use
Access restricted by licensing agreement.
Biographical / Historical Note
Yuwen Li is a professor of Chinese Law and Director of the Erasmus China Law Centre at Erasmus School of Law, Erasmus University Rotterdam. Feng Lin is a professor of Law and Acting Dean at the School of Law. He is also Director of the Centre for Judicial Education and Research cum Identification of Hong Kong Law (JERI) at City University of Hong Kong. Cheng Bian is Assistant Professor at Erasmus School of Law, Erasmus University Rotterdam.
Summary
"This book offers a dynamic 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. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy"--Publisher.
Variant and related titles
Taylor & Francis. EBA 2024-2025.
Other formats
Print version:
Format
Books / Online
Language
English
Added to Catalog
August 08, 2024
Series
The rule of law in China and comparative perspectives
Bibliography
Includes bibliographical references and index.
Contents
A general constitutional theory for national security review of foreign direct investment / Feng Lin
The essential security interest exception clause in international investment agreements and arbitration : from an exception to a norm? / Cheng Bian
Public health, exception clauses and investment protection in the COVID-19 era / Wei Shen
Europeanization of foreign direct investment screening : a spotlight on the EU Regulation / Yuwen Li
The national security review in China's new foreign investment legal regime / Maja Ruhl
Foreign investment screening mechanism in France / Christine Miles
Foreign direct investment screening in Germany / Julia Hörnig, Stefan Kirwitzke and Falk Schöning
National security in national and international investment law : the case of Italy / Claudio Dordi and G. Matteo Vaccaro-Incisa
An inside look at the Netherlands' new general investment screening mechanism / Pim Jansen and Leonie van der Laag
Protection of entities of strategic importance for the State : fragmentation and interplay between regimes in Poland / Alicja Zielińska-Eisen and Piotr Wiliński
The National Security and Investment Act 2021 : assessing the UK's new approach to investment screening / Alessandro Spano.
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