The Law and Geoeconomics of Investment Screening

This volume presents pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control and national security. It deals with legal and regulatory aspects of investment controls, specifically from an international, transnational, and comparative law perspective.

Features contributions from leading experts on investment screening, sanctions, and investment subsidies Advances the understanding of the evolving relationship between foreign direct investment and national security Provides a comparative review of the increasing "(geo)politicization" of economic policy in foreign direct investment

Auteur

Jens Hillebrand Pohl is a leading expert in geolegal studies, focusing on the legal aspect of geoeconomics. His research examines economic lawfare, i.e., how legal and regulatory frameworks are leveraged as instruments of geopolitical and geoeconomic strategy. He explores the critical role of legal systems in national security, economic regulation, and the intersection of law and economic power. Jens is the Director of the Helsinki Geoeconomics School and co-founder of The Geoeconomics Society. Through his leadership and publications, he has shaped academic and practical discourse in geoeconomics. He has published extensively in the field, with over 30 articles and four edited volumes, including Weaponising Investments. Jens is also the co-founding Editorial Director and Chair of the Law & Geoeconomics Journal, published by De Gruyter Brill, and the founding series editor of Springer Studies in Law & Geoeconomics. Jens began his career as a practicing lawyer in New York, where he advised on high-profile legal matters, including the Lehman Brothers bankruptcy, and, later, on the establishment of the European Stability Mechanism. He has lectured at leading universities in Europe, North America, and Asia, and has held adjunct professorships and other academic appointments at Maastricht University, United Nations University, Max Planck Institute for Procedural Law, and the World Trade Institute, among others. He is a postdoctoral fellow at the Finnish Institute of International Affairs and an Associate Fellow of the Royal Geographical Society. Jens holds a Ph.D. in law from Maastricht University, an LL.M. from Harvard Law School, and a Master's degree in Economics and Business from the Stockholm School of Economics, with further degrees and studies at the Oxford Institute of Legal Practice, Stockholm University, and Uppsala University. He is a member of the bar in New York and an English and Irish-qualified solicitor.

Steffen Hindelang is Professor of International Investment and Trade Law at Uppsala University in Sweden. He is also the Executive Director of the CELIS Institute, an independent, non-profit, non-partisan research enterprise dedicated to promoting better regulation of foreign investment in the context of security, public order and competitiveness. Steffen has advised the EU, European governments as well as companies on investment review regimes, international investment disputes, and international organisations on the reform of the current international investment law regime. He has been repeatedly invited by the European Parliament's INTA Committee to prepare studies on the development of the EU's Common Commercial Policy. He frequently acts as an expert advisor before international tribunals and national courts and has served as an ICSID arbitrator.

Thomas Papadopoulos is an Associate 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 and a member of the editorial board of European Company Case Law (ECCL) Review published b

Contenu

Privatizations, Golden Shares, Investment Screening and Bailout Agreements in the Context Of Article 345 TFEU: The Limits of Internal Market Law by Thomas Papadopoulos .- A Goldilocks' Conundrum: Mitigating National Security Risks in the United States, France, Germany, and United Kingdom by Tatiana Sullivan, Pascal Bine, Wesley Lainé, Matthias Horbach, Jermaine A. Washington, and Jason Hewitt .- FDI Control and Parallel Sector-Specific Screening Procedures are there Ways to Increase Efficiency? by Henning Berger and Christoph Arhold .- The Role of Remedies to Mitigate National Security Concerns in Germany by Roland M. Stein and Vanessa Kassem .- The Portuguese Investment Screening Mechanism: Not Much of a Weapon by Suzana Tavares da Silva and Marta Vicente .- Foreign Direct Investment and Financial and Banking Supervision by Federico Riganti .- Certainty and Predictability in FDI Screening Regulations by Andrea Gemmi .- Centralization of Responsibilities for the Screening of Foreign Direct Investments in the European Union and its Member States by Christoph Ludwig .- Open Strategic Autonomy, FDI Screening and Industrial Policy: What Geopolitical Role for The European Commission? by Enrico Tinti .- FDI Screening and the Certification of Electricity and Gas Network Operators in Austria by Daniel Peter Schmidt .- Economic Regulation vis-à-vis Strategic Supervision: Conceptualising a New Administrative Function in a Europeanised Regulatory Space by Andrea Giorgi .