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Foreign Investment, Strategic Assets and National Security

Book | 1st edition 2018 | United Kingdom | Carlos Esplugues

At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People’s Republic of China, Australia, Canada, and Germany, France and the United Kingdom as representatives of the European Union.

Foreign investment has grown steadily for decades and the de-regulation of international trade and investment was a widely accepted trend, particularly in developed countries. Increasingly, however, this development is encountered by opposition. Globalisation and socio-economic effects of mergers and acquisitions of domestic firms by foreign investors receive less support from the general public. Concerns about national security, protection of new technologies and competitiveness are raised. This leads national and regional legislators to develop new mechanisms to control foreign investments, particularly in light of national security. The widely adopted and traditional ex post approach linked to investment treaties is now enhanced by an increased focus on the phase prior to the actual implementation of the investment.

This legal development and the new screening systems are captured in this book and it is explained how the present paradigm change is affecting the legal rules in practice. It is a must read for everyone working in the field.

Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9781780686233 / 9781780687117
Weight 1120 g
Status Available
Number of pages xlvi + 534 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jun 29, 2018
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of contents and preliminary pages
    Carlos Esplugues
  • The Changing Course of FDI: An Introduction
    Carlos Esplugues
  • Part I. FDI and National Security: The Playing Field
  • Chapter 1. The International Legal Framework for Foreign Investment
    Carlos Esplugues
  • Chapter 2. Foreign Direct Investment
    Carlos Esplugues
  • Chapter 3. National Security as a Limit to International Trade and Foreign Investment
    Carlos Esplugues
  • Part II. The Traditional Approach: Ex Post Control
  • Chapter 4. National Security in International Trade Agreements
    Carlos Esplugues
  • Chapter 5. Extrapolating from International Trade Law to International Investment Law
    Carlos Esplugues
  • Part III. Towards Ex Ante Control: The Evolving Position
  • Chapter 6. Risks to Host States
    Carlos Esplugues
  • Chapter 7. Systems and Consequences of FDI Control
    Carlos Esplugues
  • Part IV. Ex Ante Evaluation on National Security Grounds in Practice
  • Chapter 8. United States: The Paradigm of Review on National Security Grounds
    Carlos Esplugues
  • Chapter 9. People's Republic of China: Designing a Unique Model of Evaluation on National Security Grounds
    Carlos Esplugues
  • Chapter 10. Canada: A Dual System of Evaluation
    Carlos Esplugues
  • Chapter 11. Australia: The 'National Interest' Test
    Carlos Esplugues
  • Chapter 12. European Union: From Current Plurality to a Common Future
    Carlos Esplugues
  • Chapter 13. United Kingdom: A Model Linked to Competition Law
    Carlos Esplugues
  • Epilogue: A Look to the Future
    Carlos Esplugues