全部 标题 作者
关键词 摘要

OALib Journal期刊
ISSN: 2333-9721
费用:99美元

查看量下载量

相关文章

更多...

Research on the Convergence of Foreign Investment Security Review Legal Systems in Europe and the United States

DOI: 10.4236/blr.2025.162036, PP. 749-763

Keywords: Foreign Investment Security Review, National Security, Cross-Border Investment, International Economic Law

Full-Text   Cite this paper   Add to My Lib

Abstract:

In recent years, the legal system of foreign investment security review in major economies around the world has shown an expanding and evolving trend. The foreign investment security review rules based on domestic law and national sovereignty have continuously eroded the international rule of law and international investment law rules. Phenomena such as the abuse of national security and security exceptions have led to tensions among domestic rule of law, international rule of law, and international customs. In particular, the foreign investment security review legal rules of relevant countries under the banner of national security have challenged the rules or principles such as investment facilitation, fairness and justice, and transparency, thereby affecting the investment rights and interests of the investors’ home countries. Overall, as the foreign investment security review systems of various countries evolve, the problems of domestic laws overriding international law rules, interfering with the rights and interests of other countries, and the security of the global industrial and supply chains with domestic laws have become prominent. A review of the foreign investment security review systems in relevant countries reveals that the legal rules for foreign investment security review in major economies around the world show a development trend of high modification frequency, large discretionary power, extensive rule expansion, strong technological orientation, strict review degree, low transparency, and high ambiguity. It can be foreseen that this trend will gradually show a further tightening momentum along with the changes in international relations and the international economic environment.

References

[1]  CFIUS (2020). FIRRMA Pilot Program.
https://www.ecfr.gov/current/title-31/subtitle-B/chapter-VIII/part-801
[2]  European Commission (2024). Fourth Annual Report on the Screening of Foreign Direct Investments into the Union.
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=COM:2024:464:FIN
[3]  European Commission (2025). European Commission Calls on Member States to Review Outbound Investments and Assess Risks to Economic Security.
https://ec.europa.eu/commission/presscorner/api/files/document/print/en/IP_25_261/IP_25_261_EN.pdf
[4]  European Parliament (2025). Amendments Adopted by the European Parliament on the Proposal for a Regulation of the European Parliament and of the Council on the Screening of Foreign Investments in the Union and Repealing Regulation (EU).
https://www.europarl.europa.eu/doceo/document/TA-10-2025-0102_EN.html
[5]  Svetlicinii, A., & Su, X. J. (2024). The Unsettled Governance of the Dual-Use Items under Article XXI(b)(ii) GATT: A New Battleground for WTO Security Exceptions. World Trade Review, 24, 75-100.
https://doi.org/10.1017/S147474562400048X
[6]  The White House (2025). America First Investment Policy.
https://www.whitehouse.gov/presidential-actions/2025/02/america-first-investment-policy/ttps://www.whitehouse.gov/presidential-actions/2025/02/america-first-investment-policy/
[7]  U.S. Department of the Treasury (2025). CFIUS Reports and Tables.
https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-reports-and-tables
[8]  UNCTAD (2025). UNCTAD IIA Mapping Project.
https://investmentpolicy.unctad.org/
[9]  Upadhayay, Y., & Sharma, R. (2025). Legal Frameworks for AI in National Security: Balancing Innovation, Ethics, and Regulation. Journal of Neonatal Surgery, 14, 500-508.
https://doi.org/10.52783/jns.v14.2867

Full-Text

Contact Us

service@oalib.com

QQ:3279437679

WhatsApp +8615387084133