European Parliament Library

National security review of foreign investment, a comparative legal analysis of China, the United States and the European Union, Cheng Bian

Summary
"In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control concerns the establishment of an ex-ante review regime of FDI in the host state in sectors that are considered as 'sensitive' or 'strategic', with an aim to mitigate the security-related implications. This monograph conducts a systematic and up-to-date comparative study of the national security review regimes of China, the US, and the EU, using Germany as an exampling Member State. It answers a central research question of how domestic law should be formulated to adequately protect national security of the host state whilst posing minimum negative impacts to the free flow of cross-border investment. In addition to discussing the latest development of the national security review regimes in aforementioned jurisdictions and identifying their commonalities and disparities, this monograph establishes a normative framework regarding the design of a national security review regime in general and proposes specific legislative recommendations to further clarify the law"--, Provided by publisher
Table Of Contents
Introduction -- The Conceptualization of National Security -- The Jurisprudential Foundation of National Security Review of FDI -- A Quest for Theoretical Principles Establishing the National Security Review Regime of FDI -- The National Security Review Regime of China -- The National Security Review Regime of the US -- The National Security Review Regime in the EU -- Revealing the Similarities and Differences -- An Evaluation to the Comparative Results -- Conclusions and Policy Recommendations
Language
eng
Literary Form
non fiction
Note
Based on author's thesis (doctoral - Erasmus Universiteit Rotterdam, 2018) issued under title: National security review regimes of foreign investment : a comparative study in China, the US and the EU
Physical Description
1 online resource (273 pages), illustrations.
Specific Material Designation
remote
Form Of Item
online
Isbn
9780367853228

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