Towards a Balanced Investment Screening Framework is a book that seeks to gain a better understanding of the legal design of the investment screening framework in the European Union (EU) and its Member States. It determines what such mechanisms can or cannot accomplish, and in turn, what they should be able to accomplish to reconcile their objective: a balanced legal framework that reconciles the need to address security concerns with the need for an investment climate open for cross-border business.
The book approaches foreign investment control from national, European and international legal perspectives, and combines these analyses to identify and respond to key issues. This study covers:
Ultimately, this book highlights priorities that national and European law- and policymakers should consider in order to act as a reliable and principled partner, albeit not a naïve one.
This thesis attempts to answer how the design of an investment screening mechanism can best incorporate these interests, and whether tradeoffs must be made. The goal of this thesis is to examine how the framework can be improved in both the short and long term, and to identify the key issues that must be resolved to achieve a balanced and reliable framework.
