National Security Review of Foreign Investment
A Comparative Legal Analysis of China, the United States and the European Union
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 pertains to 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 book 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 analyzing the latest development of the national security review regimes in aforementioned jurisdictions and identifying their commonalities and disparities, this book 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 similarities and differences;
Chapter 9 An evaluation to the comparative results;
Chapter 10 Conclusions and policy recommendations;
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.