Shaping the Single European Market in the Field of Foreign Direct Investment

Shaping the Single European Market in the Field of Foreign Direct Investment
Author: Philip Strik
Publisher: Bloomsbury Publishing
Total Pages: 418
Release: 2014-12-01
Genre: Law
ISBN: 1782253858

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The Treaty of Lisbon (2009) has brought foreign direct investment (FDI) within the scope of the European Union's common commercial policy (CCP). In light of this development, this book analyses the internal and external dimension of EU law and policy in the field of FDI. It takes four perspectives: (i) the operation of the internal market mechanism to direct investment; (ii) the implications of the Lisbon amendments to the CCP under Article 207 TFEU for the Union's competence and practice in the field of FDI; (iii) the interaction between EU law and Member States' bilateral investment treaties (BITs) with third countries; (iv) the interplay between EU law and BITs that are currently in force between two Member States (intra-EU BITs). The book focuses on the extent to which the European Union operates as a Single Market for EU and non-EU investors. In doing so, it analyses the EU and international regulatory framework on the admission, treatment and protection of FDI within, to and from the Single European Market. It uses close jurisprudential analysis and examines the context, purpose and evolution of EU legal integration in the field of FDI. It thereby traces the principles underlying the European international economic order in the field of FDI.

Shaping Globalization

Shaping Globalization
Author: Bertelsmann Stiftung
Publisher: Verlag Bertelsmann Stiftung
Total Pages: 227
Release: 2013-01-25
Genre: Business & Economics
ISBN: 3867934894

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The rise of new economic powers in Asia and Latin America has changed the size and the direction of cross-border investment flows. Emerging economies like China, Brazil and India have become major destinations of foreign direct investment within the past decade, and they are also taking on the role of investor themselves. The unprecedented shifts in global investment flows have revived the debate over the effects of foreign investment on growth, employment and income distribution. In this book, leading experts analyse the most important trends, from the increasingly active role emerging economies play as investors in Africa to the rising suspicion in the U.S. and Europe of Chinese takeovers. Global challenges like climate change and the ageing of societies will act as new drivers of foreign investment, reshaping the patterns of globalization once again.

Foreign Direct Investment and the Global Economy

Foreign Direct Investment and the Global Economy
Author: Jeremy Alden
Publisher: Taylor & Francis
Total Pages: 331
Release: 2024-01-26
Genre: Architecture
ISBN: 1136038728

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With the emergence of a truly global marketplace, regions now face far greater competition in attracting outside investment, and multinational companies have to consider local conditions on many levels before choosing to invest. Foreign Direct Investment and the Global Economy looks at the pattern of FDI and its impacts on the global, regional (trade block), national and sub-national scales. The contributors describe the much discussed global-local interlay apparent in the operations of multinational companies and their involvement with 'regulatory' institutions at different levels, from the global to the local.

Screening Foreign Direct Investment in the EU

Screening Foreign Direct Investment in the EU
Author: Jens Velten
Publisher: Springer Nature
Total Pages: 371
Release: 2022-07-19
Genre: Law
ISBN: 3031056035

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Foreign Direct Investment (FDI) from third countries—a desirable form of investment to boost the EU’s economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law. In particular, the book identifies the four main concerns in the EU regarding FDI from third countries: distortive competition effects; the lack of reciprocity on FDI treatment between the EU and the investor’s home country; objectives of the investor or their home country that may be detrimental to EU interests; and safety of private information. On this 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 mechanisms—and their shortcomings.

Global Values and International Trade Law

Global Values and International Trade Law
Author: Csongor István Nagy
Publisher: Routledge
Total Pages: 195
Release: 2021-12-26
Genre: Law
ISBN: 1000480518

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Exploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function, and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature.

EU Framework for Foreign Direct Investment Control

EU Framework for Foreign Direct Investment Control
Author: Jacques H.J. Bourgeois
Publisher: Kluwer Law International B.V.
Total Pages: 345
Release: 2019-12-18
Genre: Law
ISBN: 9403519215

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Foreign direct investment (FDI) has grown considerably worldwide in recent decades, alongside the no-less considerable development of international ‘supply chains’. In the European Union (EU), stock held by foreign investors exceeds EUR 6 billion, while stock held in the rest of the world by EU investors exceeds EUR 7 billion. This important book analyses the current and proposed regimes of FDI screening in the EU, highlighting mechanisms designed to enhance FDI’s advantages and minimize its drawbacks. Leading practitioners, policymakers and academics discuss the 2017 European Commission proposal on FDI screening and its resulting Regulation, focusing on such issues and topics as the following: the economics of FDI screening; rising protectionism versus further investment liberalization; how the EU framework connects with WTO rules; the dangers of foreign investment in sectors essential to public order and security; how the EU regulatory layer interacts with FDI screening at Member State level; and perceived lacunae in the way the EU addresses incoming FDI. Two detailed examples of how FDI screening works in practice are included, along with a comparative view of FDI screening in the United States. Contributions commenting specifically on the EU Regulation deal with the process of adopting the Regulation and the impact of opposing views, and how the Regulation aligns with EU policy in the areas of trade, investment and competition. Companies engaged in FDI or financial services will appreciate the detailed analysis of issues raised by this new EU policy instrument. Practitioners active in competition law, particularly M&A, will welcome this clear commentary and analysis of a crucial component of EU policy in the related areas of trade and investment, and policymakers will be encouraged to consider whether further regulatory changes are called for.