National Security in International and Domestic Investment Law (eBook)

List of contributors vii

List of abbreviations xiii

Preface and acknowledgments xvii

1 A general constitutional theory for national security review of foreign direct investment 1

FENG LIN

PART I

National security in international investment law 25

2 The essential security interest exception clause in international investment agreements and arbitration: from an exception to a norm? 27

CHENG BIAN

3 Public health, exception clauses and investment protection in the COVID-19 era 51

WEI SHEN

4 Europeanization of foreign direct investment screening: a spotlight on the EU Regulation 82

YUWEN LI

PART II

National security in national investment law 105

5 The national security review in China's new foreign investment legal regime 107

MAJA RUHL

6 Foreign investment screening mechanism in France 126

CHRISTINE MILES

7 Foreign direct investment screening in Germany 155

JULIA HÖRNIG, STEFAN KIRWITZKE AND FALK SCHÖNING

8 National security in national and international investment law: the case of Italy 176

CLAUDIO DORDI AND G. MATTEO VACCARO-INCISA

9 An inside look at the Netherlands' new general investment screening mechanism 196

PIM JANSEN AND LEONIE VAN DER LAAG

10 Protection of entities of strategic importance for the State: fragmentation and interplay between regimes in Poland 214

ALICJA ZIELINSKA-EISEN AND PIOTR WILINSKI

11 The National Security and Investment Act 2021: assessing the UK's new approach to investment screening 240

ALESSANDRO SPANO

Index 266