YSEC Yearbook of Socio-Economic Constitutions 2020 : A Common European Law on Investment Screening (CELIS) / edited by Steffen Hindelang, Andreas Moberg.

Format:

Book

Contributor:

Hindelang, Steffen, editor.

Moberg, Andreas, editor.

Series:

YSEC Yearbook of Socio-Economic Constitutions, 2662-7132 ; 2020

Language:

English

Subjects (All):

International law.

Trade regulation.

Law--Europe.

Law.

Law and economics.

Europe--Politics and government.

Europe.

International Economic Law, Trade Law.

European Law.

Law and Economics.

European Politics.

Local Subjects:

International Economic Law, Trade Law.

European Law.

Law and Economics.

European Politics.

Physical Description:

1 online resource (xi, 852 pages)

Edition:

1st ed. 2021.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2021.

Summary:

This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”. Thereby, it provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons. Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The “elephant in the room” is China and its “Belt and Road Initiative”. The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The book takes stock of the current rather fragmented regulatory approaches and combines contributions from leading international academics, practitioners, and policy makers in their respective fields. Due to the volume’s comprehensive approach, it is expected to influence the broader debate on the EU’s upcoming regulation of this matter. The book is addressed to participants from academia as well as to representatives from government, business, and civil society.

Contents:

Steffen Hindelang and Andreas Moberg, Introduction to the topic

Part I: Economic and Political Context: Age Bakker, The Political Economy of Capital Controls and Liberalization in the European Union

Stephan Wernicke, Investment Screening – The Return of Protectionism? - A Business Perspective

Sven Simon, Investment Screening – The Return of Protectionism? - A Political Account

Joanna Warchol, The Birth of the EU Screening Regulation

Part II: “The European Origins” – the EU Member States’ Rules on Screening Foreign Investment: Philipp Stompfe, Country Report on Germany and France

Paolo Vargiu, Country Report on Italy, Spain, Portugal, and Greece

Szymon Pawłowski and Marek Jaśkowski, Country Report on Poland, Lithuania, and Latvia

Szilárd Gáspár-Szilágyi, Country Report on Hungary and Romania

Jonas Hallberg Country Report on Finland, Norway, Sweden and Denmark

Part III: Existing EU Secondary Legislation on (Discriminatory) Treatment of Third Country Investments – A Plurality of Regulatory Approaches: Henning Berger, The Banking and Insurance Sector

Dominik Eisenhut, The Defence, Military and Dual-use Sector

Henning Jessen, The Transport Sector

Bent Ole Gram Mortensen, The Energy Sector

Michael Fehling, The Telecommunications and IT Infrastructure Sector

Part IV: Beyond Europe – The Screening Schemes of Major EU Trade Partners: Vladimir Talanov, Country Report on Russia

Greta Lichtenbaum and David J. Ribner, Country Report on Northern America (esp. US and Canada)

Kojiro Fujii, Noriko Yodogawa and Marie Wako, Country Report on Japan

Qingjiang Kong and Kaiyuan Chen, Country Report on China

Part V: EU Constitutional Preconditions and Limits: Stefan Korte, In search for an EU Competence to Establish an Investment Screening Mechanism and Restricting Effects Flowing from Fundamental Freedoms, Fundamental Rights, and other EU Primary Law

Bugge Thorbjørn Daniel, Comment

Part VI: Possible Functionsof a Common European law on investment screening: Martin Nettesheim, Screening for What Threat – Preserving “Public Order and Security”, Securing Reciprocity in International Trade, Supporting Certain Social, Environmental, or Industrial Policies?

Part VII: The EU Screening Regulation in Perspective: Lars Otto, What is a Third Country Investment?

Barbara Kaech and Moritz Wüstenberg, Building Pipelines – Experiences with Formal and Informal Screening Mechanisms

Carolina Dackö, Navigating between Openness and Protectionism – EU Investment Screening in 25 Years’ Time

Qingxiu Bu, The One Belt and One Road (OBOR) Initiative: Reconceptualisation of State Capitalism vis-à-vis Remapping of Global Governance?

Thomas Papadopoulos, What Role for EU Company Law in Screening Foreign Investment?

Jens Hillebrand Pohl, The Impact of Investment Treaty Commitments on the Design and Operation of EU Investment Screening Mechanisms

Grith Skovgaard Ølykke and Louise Tandrup Christensen, State Aid and Investment Screening – A Multi-facetted Relationship

Teoman Hagemeyer, Access to Legal Redress in an EU Investment Screening Mechanism

Part VIII Conclusions and Perspectives: Steffen Hindelang and Andreas Moberg, Conclusions and Perspectives.

ISBN:

3-030-43757-4

OCLC:

1244628314