Cheng Bian - National Security Review of Foreign Investment: A Comparative Legal Analysis of China, the United States and the European Union

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.

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 Masters degree in international law and a Bachelors degree in Chinese law from Zhongnan University of Economics and Law, China.

Series Editors

Yuwen Li, Erasmus University Rotterdam, The Netherlands and Fu Hualing, University of Hong Kong, Hong Kong

There is no doctrine more effective than the rule of law in portraying the complex transformation of Chinese society from the rule of men towards the rule of law a process inaugurated in post-Mao China which is continuing to advance legal reforms to the present day. In other parts of the world, striving for the rule of law is also evident: countries in transition face a similar mission, while the developed democratic countries are forced to tackle new challenges in retaining the high benchmark of the rule of law that has been established.

Research on the legal system in China and in comparison with other countries in the framework of the rule of law covers broad topics of public and private law, substantive law and procedural law, citizens rights and law enforcement by courts. Based on this broad understanding of the rule of law, the series presents international scholarly work on modern Chinese law including: comparative perspectives, interdisciplinary, and empirical studies.

Other titles in this series:

The Power of the Supreme Peoples Court

Reconceptualizing Judicial Power in Contemporary China

Ding Qi

China, the EU and International Investment Law

Reforming Investor-State Dispute Settlement

Edited by Yuwen Li, Tong Qi, and Cheng Bian

Hong Kong Constitutionalism

The British Legacy and the Chinese Future

Richard Cullen

National Security Review of Foreign Investment

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

Cheng Bian

For more information about this series, please visit: www.routledge.com

First published 2020

by Routledge

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2020 Cheng Bian

The right of Cheng Bian to be identified as author of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

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British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Names: Bian, Cheng (Legal researcher) author.

Title: National security review of foreign investment : a comparative legal analysis of China, the United States and the European Union / Cheng Bian.

Description: Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: The rule of law in China and comparative perspectives | Based on authors thesis (doctoral Erasmus Universiteit Rotterdam, 2018) issued under title: National security review regimes of foreign investment : a comparative study in China, the US and the EU. | Includes bibliographical references and index.

Identifiers: LCCN 2019054016 (print) | LCCN 2019054017 (ebook) | ISBN 9780367425159 (hardback) | ISBN 9780367853228 (ebook)

Subjects: LCSH: Investments, ForeignLaw and legislationChina. | Investments, ForeignLaw and legislationEuropean Union countries. | Investments, ForeignLaw and legislationUnited States. | National securityLaw and legislationChina. | National securityLaw and legislationEuropean Union countries. | National securityLaw and legislationUnited States.

Classification: LCC K3830 .B53 2019 (print) | LCC K3830 (ebook) | DDC 346/.092dc23

LC record available at https://lccn.loc.gov/2019054016

LC ebook record available at https://lccn.loc.gov/2019054017

ISBN: 978-0-367-42515-9 (hbk)
ISBN: 978-0-367-85322-8 (ebk)

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