National Security Review of Foreign Investment: A Comparative Legal Analysis of China, the United States and the European Union, 1st Edition (Hardback) book cover

National Security Review of Foreign Investment

A Comparative Legal Analysis of China, the United States and the European Union, 1st Edition

By Cheng Bian

Routledge

296 pages

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Hardback: 9780367425159
pub: 2020-04-09
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Description

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.

This book will be of interest to scholars in the field of international and comparative investment law, investors who seek better compliance programs in the host state, and policymakers who aim for high-quality regulation on foreign investment.

Table of Contents

Chapter 1 Introduction;

PART I ESTABLISHING A NORMATIVE FRAMEWORK;

Chapter 2 The Conceptualization of National Security;

Chapter 3 The Jurisprudential Foundation of National Security Review of FDI;

Chapter 4 A Quest for Theoretical Principles Establishing the National Security Review Regime of FDI;

PART II COUNTRY-SPECIFIC STUDIES;

Chapter 5 The National Security Review Regime of China;

Chapter 6 The National Security Review Regime of the US;

Chapter 7 The National Security Review Regime in the EU;

PART III COMPARISON, CONCLUSIONS, AND RECOMMENDATIONS;

Chapter 8 Revealing the Similarities and Differences;

Chapter 9 An Evaluation to the Comparative Results;

Chapter 10 Conclusions and Policy Recommendations;

About the Author

Dr .Cheng Bian is an academic researcher at Erasmus School of Law, Erasmus University Rotterdam. His research area covers international investment law, international investment dispute settlement, Chinese law and in particular Chinese foreign investment law; and comparative law. He holds a PhD in law from Erasmus University Rotterdam. Prior to his doctorate, he obtained a Master’s degree in international law and a Bachelor’s degree in Chinese law from Zhongnan University of Economics and Law, China.

About the Series

The Rule of Law in China and Comparative Perspectives

The Rule of Law in China and Comparative Perspectives

There is no doctrine more effective than the rule of law in portraying the complex transformation of Chinese society from the rule of men towards the rule of law - a process inaugurated in post-Mao China which is continuing to advance legal reforms to the present day. In other parts of the world, striving for the rule of law is also evident: countries in transition face a similar mission, while the developed democratic countries are forced to tackle new challenges in retaining the high benchmark of the rule of law that has been established.

Research on the legal system in China and in comparison with other countries in the framework of the rule of law covers broad topics of public and private law, substantive law and procedural law, citizens’ rights and law enforcement by courts. Based on this broad understanding of the rule of law, the series presents international scholarly work on modern Chinese law including: comparative perspectives, interdisciplinary, and empirical studies.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
BUS027000
BUSINESS & ECONOMICS / Finance
BUS079000
BUSINESS & ECONOMICS / Government & Business
LAW000000
LAW / General
LAW001000
LAW / Administrative Law & Regulatory Practice
LAW009000
LAW / Business & Financial
LAW016000
LAW / Comparative
LAW051000
LAW / International
LAW075000
LAW / Public
POL011000
POLITICAL SCIENCE / International Relations / General