Originally presented as author's thesis (doctoral)--Leuphana University Lüneburg, 2021. Includes bibliographical references (pages 335-359).
Contents:
Introduction -- Setting out the background of FDI Screening in the EU -- FDI screening mechanisms on the grounds of 'security or public order' and 'public policy or public security" -- Flexibility for FDI screening on broader grounds than 'security or public order" -- Conclusion.
Summary:
isms--and their shortcomings"--Provided by publisher basis, the book analyzes the Screening Regulation (Regulation (EU) 2019/452) and its newly introduced screening ground "security or public order" and asks whether this and other similar screening grounds based on the notions of security, public order and public policy can address these concerns with regard to foreign investors. Based on an analysis of WTO law and EU primary law, it argues that they cannot. Thus, the question arises: Do the EU and Member States have the flexibility to adopt broader FDI screening mechanisms? To answer this question, the book examines the freedoms of capital movement and establishment in EU primary law, as well as various sources of international economic law such as, first and foremost, the WTO's General Agreement on Trade in Services, but also other bi- and plurilateral trade and investment treaties, including the EU-China Comprehensive Agreement on Investment. In closing, the book identifies various legislative options for broader FDI screening mechan isms--and their shortcomings"--Provided by publisher
Series:
EYIEL monographs - Studies in European and international economic law, 2364-8392 ; volume 26
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.