Foreign Investment, Strategic Assets and National Security

At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People's Republic of China, Australia, Canada, and Germany, France and the United Kingdom as representatives of the European Union. Foreign investment has grown steadily for decades and the de-regulation of international trade and investment was a widely accepted trend, particularly in developed countries. Increasingly, however, this development is encountered by opposition. Globalisation and socio-economic effects of mergers and acquisitions of domestic firms by foreign investors receive less support from the general public. Concerns about national security, protection of new technologies and competitiveness are raised. This leads national and regional legislators to develop new mechanisms to control foreign investments, particularly in light of national security. The widely adopted and traditional ex post approach linked to investment treaties is now enhanced by an increased focus on the phase prior to the actual implementation of the investment. This legal development and the new screening systems are captured in this book and it is explained how the present paradigm change is affecting the legal rules in practice. It is a must read for everyone working in the field.

Carlos Esplugues is Professor of Private International Law and International Trade Law at the University of Valencia. He holds LLMs from the University of Valencia (1982) and Harvard University (1985), an MSc from the University of Edinburgh (1983) and a PhD from the University of Valencia (1983).Professor Esplugues has been President of the Spanish Association of Professors of International Law and International Relations (Asociacion Espanola de Profesores de Derecho Internacional y Relaciones Internacionales) and he is currently the Spanish Delegate to the UNCITRAL ' s WG II - Dispute Settlement.Professor Esplugues is the co-author of two leading handbooks on International Trade Law and Private International Law in Spain and has hundreds of publications in these two fields, with a special reference to international dispute resolution in the most prestigious journals and editorials. He is regularly invited as a distinguished visiting professor to many leading universities of Europe, Asia and Latin America. He also acts as an international arbitrator and mediator.