The Legal Analysis of the US Review System of Foreign Investment For National Security Concerns –Focusing on Ralls Case-

2018 ◽  
Vol null (141) ◽  
pp. 11-50
Author(s):  
In Soo Pyo
Author(s):  
Pavel A. Aksenov

Over the past several years, the United States has taken a leading position in the world in attractiveness to foreign investors, largely due to the policy of favoring foreign investment and the absence of significant restrictions on incoming FDI. Currently the United States are trying to find a balance between openness to foreign investment and emerging issues related to the economy and national security. As a result of the adoption of the Foreign Investment Risk Review Modernization Act in 2018, the authority of the US Foreign Investments Committee was significantly expanded and the requirements for transactions were tightened, in particular, monitoring and verification of compliance with national security requirements. Despite the fact that these measures affected all incoming FDI in the United States, they are primarily an instrument of competition between the United States and China. Restrictions on outbound investment by China, as well as new requirements on the part of the United States, have significantly reduced the flow of FDI from China to the United States, especially in high-tech industries and infrastructure projects. Meanwhile, the US direct investment in China has remained stable over the past few years. In addition, there are some industry regulations on the share of foreign investors in the capital of energy companies, broadcasting companies, banks and others. Investment relations between the two countries, according to the investors, despite political and trade contradictions, remain quite close.


2014 ◽  
pp. 13-29 ◽  
Author(s):  
S. Glazyev

This article examines fundamental questions of monetary policy in the context of challenges to the national security of Russia in connection with the imposition of economic sanctions by the US and the EU. It is proved that the policy of the Russian monetary authorities, particularly the Central Bank, artificially limiting the money supply in the domestic market and pandering to the export of capital, compounds the effects of economic sanctions and plunges the economy into depression. The article presents practical advice on the transition from external to domestic sources of long-term credit with the simultaneous adoption of measures to prevent capital flight.


Author(s):  
Vladimir Kontorovich

The academic study of the Soviet economy in the US was created to help fight the Cold War, part of a broader mobilization of the social sciences for national security needs. The Soviet strategic challenge rested on the ability of its economy to produce large numbers of sophisticated weapons. The military sector was the dominant part of the economy, and the most successful one. However, a comprehensive survey of scholarship on the Soviet economy from 1948-1991 shows that it paid little attention to the military sector, compared to other less important parts of the economy. Soviet secrecy does not explain this pattern of neglect. Western scholars developed strained civilian interpretations for several aspects of the economy which the Soviets themselves acknowledged to have military significance. A close reading of the economic literature, combined with insights from other disciplines, suggest three complementary explanations for civilianization of the Soviet economy. Soviet studies was a peripheral field in economics, and its practitioners sought recognition by pursuing the agenda of the mainstream discipline, however ill-fitting their subject. The Soviet economy was supposed to be about socialism, and the military sector appeared to be unrelated to that. By stressing the militarization, one risked being viewed as a Cold War monger. The conflict identified in this book between the incentives of academia and the demands of policy makers (to say nothing of accurate analysis) has broad relevance for national security uses of social science.


2020 ◽  
Vol 26 (3) ◽  
Author(s):  
Linda J. Bilmes

AbstractThe United States has traditionally defined national security in the context of military threats and addressed them through military spending. This article considers whether the United States will rethink this mindset following the disruption of the Covid19 pandemic, during which a non-military actor has inflicted widespread harm. The author argues that the US will not redefine national security explicitly due to the importance of the military in the US economy and the bipartisan trend toward growing the military budget since 2001. However, the pandemic has opened the floodgates with respect to federal spending. This shift will enable the next administration to allocate greater resources to non-military threats such as climate change and emerging diseases, even as it continues to increase defense spending to address traditionally defined military threats such as hypersonics and cyberterrorism.


2008 ◽  
Vol 39 (1) ◽  
pp. 37-64 ◽  
Author(s):  
Robbie Totten

An examination of U.S. immigration policy during the early Republic from a security perspective—a common analytical focus within the field of international relations—reveals the inadequacy of traditional economic and ideological interpretations. Security concerns, based on actual threats from Great Britain and Spain, permeated the arguments both for and against immigration. Those in favor of immigration hoped to strengthen the nation, primarily by providing soldiers and money for the military; those opposed to immigration feared that it would compromise national security by causing domestic unrest and exposing the new nation to espionage and terrorism. These issues are not unlike those that beset contemporary policymakers.


2009 ◽  
Vol 35 (4) ◽  
pp. 943-955 ◽  
Author(s):  
IAN LEIGH

AbstractThis article argues that there is a need to modernise the law governing accountability of the UK security and intelligence agencies following changes in their work in the last decade. Since 9/11 the agencies have come increasingly into the spotlight, especially because of the adoption of controversial counter-terrorism policies by the government (in particular forms of executive detention) and by its international partners, notably the US. The article discusses the options for reform in three specific areas: the use in legal proceedings of evidence obtained by interception of communications; with regard to the increased importance and scle of collaboration with overseas agencies; and to safeguard the political independence of the agencies in the light of their substantially higher public profile. In each it is argued that protection of human rights and the need for public accountability requires a new balance to be struck with the imperatives of national security.


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