The Contents of the European Investment Law and Arbitration Review, Vol. 5 (2020)

Prof. Nikos Lavranos & Prof. Loukas Mistelis (Co-Editors in Chief) We are very pleased and proud to present the fifth issue of the European Investment Law and Arbitration Review (EILA Rev) 2020. As of 23 December 2020, all articles of this volume can be ordered online at Brill Publishers: The stormy developments of the past… Read More The Contents of the European Investment Law and Arbitration Review, Vol. 5 (2020)

Regulatory Challenges Arising from Sovereign Wealth Funds and National Security: Exacerbate Great Power Competition between China and the United States?

Charles Ho Wang Mak* and I-Ju Chen** China is now a major player in some of the United States’ (US) most important sectors. China’s impact can be found through the acquisition by some of its most influential companies, which are later acquired by the sovereign wealth funds (SWFs) of China. US’ companies, for example, Apple… Read More Regulatory Challenges Arising from Sovereign Wealth Funds and National Security: Exacerbate Great Power Competition between China and the United States?

Practical Implications of the New Legal Framework for Foreign Direct Investment in the European Union

By Dr. Philipp Stompfe, LL.M. (London)* In March 2018, following an initiative of Germany, France and Italy, the Council of the European Union (“EU”) approved a Regulation on establishing a framework for screening of foreign direct investments (“FDI”) into the European Union (“Regulation”). The new Regulation entered into force on 10 April 2019 and will… Read More Practical Implications of the New Legal Framework for Foreign Direct Investment in the European Union

The new EU Regulation on the screening of foreign direct investments: A tool for disguised protectionism?

Prof. Nikos Lavranos, Secretary General of EFILA In December 2018, the EU institutions agreed on the text for an EU Regulation establishing a mechanism for screening all foreign investments into the EU. In just over a year the EU institutions adopted this Regulation, which is unusually fast and reflects the apparent political will of the… Read More The new EU Regulation on the screening of foreign direct investments: A tool for disguised protectionism?

The Pre-Establishment National Treatment Obligation: How Common Is It?

Vrinda Vinayak* Introduction The national treatment obligation in international investment agreements (IIAs) is a double-edged sword – while it may attract foreign investment by guaranteeing equal access to and treatment in the domestic market, it has the potential to limit autonomy and sovereignty of nations in formulating domestic policy, and opens these measures up to… Read More The Pre-Establishment National Treatment Obligation: How Common Is It?

ICC: Policy Statement Foreign Direct Investment

The ICC Commission on Trade and Investment Policy has just issued a Policy Statement on Foreign Direct Investment arguing the necessity of FDI and of ISDS mechanisms for ensuring economic growth in our global society. Investment, including foreign direct investment (FDI), plays an important role in determining a country’s economic prospects. ICC strongly supports FDI as an effective… Read More ICC: Policy Statement Foreign Direct Investment