Weaponising Investments

This second volume of highly topical two-volume set The Investment Weapon continues to present pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. This second volumes shifts the focus from the policy context to the legal and regulatory aspects of investment controls, specifically from an international, transnational, and comparative law perspective. The topics range from control of subsidized investments to non-national security related investment controls and alternatives to investment screening.

Gathers leading experts on topical and critical issues in investment screening, sanctions, and investment subsidies Provides a systematic review of the "(geo)politicization" of economic policy in the area of foreign direct investment Advances the understanding of the conceptual framing of investment security

Auteur
Jens Hillebrand Pohl is a legal scholar, geographer, and political scientist writing and lecturing at the intersection of law and geoeconomics. An experienced attorney having practiced before U.S. federal and state courts in New York and for EU institutions, Jens researches the (geo)politicization of the legal order. His Ph.D. in law at Maastricht University concerns judicial deference to executive power in national security cases and his second Ph.D. in political science at Tampere University analyzes 'lawfare' and the (mis)use of the legal system as an instrument of geostrategic power. Jens is an adjunct professor (docent) at Maastricht University and the United Nations University, a doctoral fellow of the Institute for Globalization and International Regulation (IGIR), a doctoral research scientist at Tampere University, and an Associate Fellow at the Royal Geographical Society. He is the founding series editor of Springer Studies in Law & Geoeconomics, an advisory editorof the Yearbook of Socio-Economic Constitutions, and a former article editor of the Harvard International Law Journal. He has held visiting appointments at the Max Planck Institute for Procedural Law, T.M.C. Asser Institute, and the World Trade Institute. He holds an LL.M. from Harvard Law School and a MSc in Economics and Business from the Stockholm School of Economics.

Thomas Papadopoulos is an Assistant 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. He is a country reporter-legal expert for Cyprus at the European Model Company Act (EMCA) Group, the Common European Law on Investment Screening (CELIS) Institute, the Covid-19 Litigation Project of the University of Trento, Italy and research projects of the European Trade Union Institute (ETUI). He is also a member of the academic board of European Banking Institute (EBI). He was awarded the "Cyprus Research Award-Young Researcher (2014)" of the Research Promotion Foundation of the Republic of Cyprus (category of "Social Sciences & Humanities"). His articles were published in many top international law journals. He is also the author of the following monograph published by Kluwer: EU Law and the Harmonization of Takeovers in the Internal Market, 2010, Kluwer. Moreover, he is the editor of the following book published by Springer: Cross-Border Mergers - EU Perspectives and National Experiences, 2019, Springer. In February 2023, his 1280 pages book on Cyprus Company Law was published in Greek by Nomiki Vivliothiki publications.

Janosch Wiesenthal is a PhD candidate at the University of Passau currently working on a thesis which focuses on Foreign Investment Screening. He holds a PhD-scholarship from one of the German organizations promoting talent (Begabtenförderungswerke). Janosch is also Deputy Assistant Director of the CELIS Institute, an independent nonprofit, nonpartisan research enterprise dedicated to promoting better regulation of foreign investment in light of security and public order concerns. He co-founded the CELIS Early-Career Scholars' and Practitioners' Network on the Law and Practice of Economic Warf

Texte du rabat

This second volume of highly topical two-volume set The Investment Weapon continues to present pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. This second volumes shifts the focus from the policy context to the legal and regulatory aspects of investment controls, specifically from an international, transnational, and comparative law perspective. The topics range from control of subsidized investments to non-national security related investment controls and alternatives to investment screening.

Contenu

The EU Foreign Subsidy Regulation Why, What and How? by Lena Hornkohl.- Economic Sanctions as an Instrument of Foreign Investment Control by Tamás Szabados.- Balance of Payments-Related Restrictions on the Freedom of Investment by Claus Zimmermann.- Next-level Screening? The Case of Outbound Investment Screening by Jonas Fechter.- Determining the Role of FDI Screening in International Investment Law by Kilian Wagner.- States' Shareholding as a Tool of Investment Control in Strategically Important Companies: Any Consequences for International Responsibility? by Bartosz Soloch.- Screening Authorities in the EU: Considerations on Governance, Powers, and Accountability by Jacques Bourgeois and Alessandra Moroni.- The Evolving Concept of National Security and Foreign Investment Screening Procedures with Particular Reference to the Italian Regime by Maria Rosaria Mauro.- National Security and Essential Security Interests in CJEU Jurisprudence by Marek Jakowski. <p