Controlling Foreign Direct Investment in the Wake of the COVID Pandemic: Enhanced and Supplementary Screening Procedures among EU Member States

Antonino Alì

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Chapter 5 Controlling Foreign Direct Investment in the Wake of the COVID Pandemic: Enhanced and Supplementary Screening Procedures among EU Member States

In: International Investment Law and the Pandemic

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Antonino Alì

Antonino Alì
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Type:: Chapter

Pages:: 87–106

DOI:: https://doi.org/10.1163/9789004711204_007

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Abstract

This chapter examines the evolution of foreign direct investment (FDI) screening policies in the European Union, particularly in light of the COVID-19 pandemic. It traces the development of FDI screening in the last decades, highlighting the shift from limited restrictions to more comprehensive, cross-sectoral screening processes. The chapter discusses the role of international organisations such as the OECD and UNCTAD in shaping FDI policy, and the EU’s strategy for mitigating national security and public order risks in foreign investment.

The author analyses the impact of EU Regulation 452/2019 on FDI screening and its implementation in the member states. The chapter examines how the COVID-19 pandemic accelerated existing trends in FDI screening, leading to increased scrutiny of investments in strategic sectors such as healthcare and technology. It also examines the European Commission’s annual reports on FDI screening, which show a significant increase in the number of EU Member States introducing or strengthening their screening mechanisms.

The chapter concludes with a discussion of the future landscape of inbound and outbound investment screening, noting the trend towards greater harmonisation of screening procedures across the EU. It also touches on the emerging focus on outbound investment control and the potential for further policy developments in light of the EU’s Economic Security Strategy. Overall, the chapter provides a comprehensive overview of the changing dynamics of FDI screening in the EU, reflecting the complex balance between maintaining an open investment environment and protecting national security interests.

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International Investment Law and the Pandemic

Series: Nijhoff International Investment Law Series, Volume: 26

E-Book ISBN:: 9789004711204

Publisher:: Brill | Nijhoff

Print Publication Date:: 01 Nov 2024

Subjects
- International Law
  - International Dispute Resolution & Arbitration
  - International Commercial, Trade & Investment Law

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Chapter 5 Controlling Foreign Direct Investment in the Wake of the COVID Pandemic: Enhanced and Supplementary Screening Procedures among EU Member States

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International Investment Law and the Pandemic

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