National Security Review of Foreign Investment: A Comparative Legal Analysis of China, the United States...

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Cheng Bian

National Security Review of Foreign Investment

A Comparative Legal Analysis of China, the United States and the European Union

Cheng Bian

$284

Hardback

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English

Routledge
09 April 2020

International finance; Comparative law; Law & society; Private international law & conflict of laws; Constitutional & administrative law

Series: The Rule of Law in China and Comparative Perspectives

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.

By: Cheng Bian
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9780367425159
ISBN 10: 0367425157
Series: The Rule of Law in China and Comparative Perspectives
Pages: 250
Publication Date: 09 April 2020
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

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.