scholarly journals Safeguarding Croatian Strategic Industries Within the Scope of the EU Foreign Direct Investment Regime

2020 ◽  
Vol 1 (2) ◽  
pp. 123-149
Author(s):  
Kristijan Poljanec ◽  
Tomislav Jakšić
Keyword(s):  
Foreign Direct Investment ◽  
Foreign Trade ◽  
Direct Investment ◽  
Far East ◽  
Eastern European ◽  
Legal Tradition ◽  
Member States ◽  
Apparent Lack ◽  
Regulatory Changes ◽  
Legislative Proposals

A European Union (EU)-wide screening regime entered into force in October 2020, marking the turning point in the Member States’ investment relations with third countries, most notably, the emerging economies of the Far East. Most Central and Eastern European (CEE) states have recently embraced novel screening solutions; some legislative proposals are still pending in a few states. These regulatory changes are the result of the socio-economic turmoil caused by the COVID-19 epidemic, which threatens a major fire sale of resources that are deemed critical for the Member States’ national security and public order. In this paper, the authors examine the existing screening mechanisms regarding foreign direct investment (FDI) in five EU countries: Austria, Germany, Hungary, Slovenia, and Poland. Given the apparent lack of comprehensive FDI screening mechanisms in Croatia, the authors consider that the findings of this comparative analysis could help Croatian legislator establish a comprehensive legal regime for FDI pouring into Croatian strategic industries. This paper argues that Croatia should introduce novel screening mechanisms along the lines of the Germanic legal tradition, most notably, the CEE and the German foreign trade and payments law. The authors suggest potential solutions de lege ferenda that would fit the scope and objectives of the screening regulation. Following the introduction, the second section of the paper glances through FDI screening mechanisms in four CEE countries. In the third section, the paper revisits the existing Croatian legislation on FDI control. The fourth section considers possible amendments thereof within the context of the German foreign trade and payments law. The fifth section summarises and concludes the paper.

OPINION 2/15 OF THE CJEU: DELINEATING THE SCOPE OF THE NEW EU COMPETENCE IN FOREIGN DIRECT INVESTMENT

2018 ◽  
Vol 77 (1) ◽  
pp. 29-32
Author(s):  
Rumiana Yotova
Keyword(s):  
European Union ◽  
Foreign Direct Investment ◽  
Free Trade ◽  
Direct Investment ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

ON 16 May 2017, the Court of Justice of the European Union (CJEU) delivered its Opinion 2/15 concerning the competence of the EU to conclude the Free Trade Agreement with Singapore (EUSFTA) (ECLI:EU:C:2017:376). The Opinion was requested by the Commission which argued, with the support of the European Parliament (EP), that the EU had exclusive competence to conclude the EUSFTA. The Council and 25 of the Member States countered that the EUSFTA should be concluded as a mixed agreement – that is, by the EU and each of its members – because some of its provisions fell under the shared competence of the organisation or the competence of the Member States alone.

scholarly journals The Attitudes of the European Union and China Towards Foreign Direct Investment: Implications for Bilateral Relations

2019 ◽  
Vol 22 (3) ◽  
pp. 83-98
Author(s):  
Janina Witkowska
Keyword(s):  
Foreign Direct Investment ◽  
Foreign Investment ◽  
Direct Investment ◽  
Member States ◽  
Independent State ◽  
Eu Countries ◽  
Eu Member States ◽  
Bilateral Relations ◽  
New Eu Member States ◽  
The Eu

The aim of this paper is to discuss new trends that have occurred in the policies of the EU and China towards foreign direct investment (FDI), to examine some implications of the EU‑China Comprehensive Agreement on Investment (CAI) – which is currently being negotiated – for their bilateral relations, and to assess the role which China’s “One Belt One Road’ (OBOR) initiative might play in its relations with the new EU Member States. The EU established freedom of capital movement with third countries; however, the introduction of the common investment policy has encountered some obstacles. These are related to investor protection and ISDS issues. In turn, China is carrying out an independent state policy towards foreign investment with limited liberalization of FDI flows. The negotiated EU‑China CAI is expected to create conditions conducive to bilateral foreign investment flows, and it might bring positive effects for their economies in the future. However, the progress made thus far in the negotiations is still limited. The relations between China and the new EU Member states (CEE countries) are characterized by common interests in the field of FDI flows. The new EU countries are interested in attracting Chinese FDI and seem not to show the fears that have arisen in the old EU countries.

scholarly journals La importancia de la inversión extranjera directa en México

2017 ◽  
Vol 3 (5) ◽  
Author(s):  
U. De la Garza
Keyword(s):  
Foreign Direct Investment ◽  
Foreign Trade ◽  
Trade Balance ◽  
Direct Investment ◽  
National Development ◽  
Negative Consequences ◽  
Positive Effects ◽  
Manufacturing Productivity

Abstract: The Foreign Direct Investment (FDI) has had important consequences in the Mexican economy, along the positive effects at the same time can be indicated the contributions in manufacturing, productivity, wages, employment and foreign trade; also some negative consequences have appeared, between the displacement of the internal savings and the deterioration in trade balance are one among the most important. Nevertheless, the general conclusion reflects the positive effects are enough to promote the hosting to new investments inthe national territory.Key words: Foreign Direct Investment, national development, Foreign Direct investment consequencesResumen: La inversión extranjera directa ha tenido importantes consecuencias en la economía mexicana, entre los efectos positivos de la misma se pueden señalar las contribuciones en la producción, productividad, salarios, empleo y el comercio exterior, pero también se han presentado algunas consecuencias negativas, entre las cuales el desplazamiento del ahorro interno y el deterioro en la balanza comercial son las más importantes. Sin embargo, el balancegeneral muestra que los efectos positivos son lo suficientemente satisfactorios para promover la llegada de nuevas inversiones al territorio nacional.Palabras clave: Inversión Extranjera Directa, desarrollo nacional, consecuencias de la Inversión Extranjera Directa

scholarly journals The impact of the Turn to the East Policy on foreign direct investment in the Russian Far East

2019 ◽  
Vol 27 (2) ◽  
pp. 366-374
Author(s):  
Han-Sol Lee
Keyword(s):  
Foreign Direct Investment ◽  
South Korea ◽  
Direct Investment ◽  
Russian Far East ◽  
Far East ◽  
Asian Countries ◽  
Far Eastern ◽  
The Impact ◽  
Policy Mechanisms ◽  
The Russian Far East

This study aims to measure the effectiveness of Russia’s Turn to the East Policy, addressed by the federal government in 2012, on the economic development of the underdeveloped Far Eastern regions, in terms of foreign direct investment (FDI) inflows data. To do so, this paper analyzed the results of the representative policy mechanisms - designed to promote the Far Eastern investments - of the Turn to the East Policy, comprised of the Eastern Economic Forum (EEC), Advanced Special Economic Zones (ASEZs), and Vladivostok Free Ports (VFPs), based on the secondary data from the governmental organizations. From the study, in spite of the previous contentions on those policy mechanisms amongst policymakers, we elucidate the incremental growing FDI - majorly contributed by the East Asian countries: China, Japan, and South Korea - propensity in the Far East. The three Eastern Asian countries promote investments in the Russian Far East for different eco-political purposes. And it further analyzed that for Russia, despite the remarkable magnitude of Chinese and Japanese FDI compared to South Korea, South Korea is still the most attractive partner, in terms of lack of threats: The Chinese expansionism, and the Kuril Island dispute with Japan.

On Some Aspects of State-Owned Enterprises' Foreign Direct Investments (SOEs' FDI)

2017 ◽  
pp. 118-140 ◽  
Author(s):  
Marta Anna Götz ◽  
Barbara Jankowska
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
Multinational Enterprises ◽  
Qualitative Methodology ◽  
Descriptive Analysis ◽  
Foreign Direct Investments ◽  
Eastern European ◽  
International Engagement ◽  
Critical Literature

This chapter seeks to enrich the existing literature by discussing the broader context of international engagement of state-owned enterprises (SOEs). It discusses the rationale for examining foreign direct investment (FDI) done by SOEs and outlines the challenges which need to be addressed in this respect. It provides a brief overview of FDI carried by Polish SOEs. The authors applied the qualitative methodology of critical literature review and descriptive analysis of internationalization of Polish state-controlled firms. This chapter can contribute to the current studies devoted mainly to Chinese or other Asian emerging state-controlled multinationals by adding the Central and Eastern European (CEE), in particular the Polish, perspective. It concludes that given the well-recognised peculiarities of such entities adequate framework needs to be adopted to explore their foreign activities. The Polish multi-case study encompassing nine entities demonstrates that the group can be pretty heterogeneous and indeed can combine the specificity of multinational enterprises (MNEs) and SOEs.

scholarly journals Foreign Direct Investment Between Asian Developing Countries and the EU Member States: The Role of Integration Processes

2013 ◽  
Vol 16 (2) ◽  
pp. 5-23
Author(s):  
Janina Witkowska
Keyword(s):  
European Union ◽  
Developing Countries ◽  
Foreign Direct Investment ◽  
East Asia ◽  
Direct Investment ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Western Asia ◽  
The Eu

This article discusses the conditions surrounding the flow of foreign direct investment (FDI) between the developing countries of Asia (East Asia, South-East Asia, Southern Asia, and Western Asia) and the countries with membership in the European Union (EU), including the so-called ‘new’ Member States (EU12). At the intra-regional and inter-regional levels, the flow is especially affected by the world economic crisis, which has effected changes in the positions of the analyzed countries on a global scale. The integration processes taking place in the EU also significantly affect the intensity of FDI flow within the group, while the processes taking place in the developing countries of Asia are not yet sufficiently enough advanced to significantly affect the flow of FDI. Inter-regional FDI flows take place between the subject regions and sub-regions. The observed phenomenon of emerging Asian net exporters of capital in the form of FDI to the European Union may be strengthened by the process of Asian integration. For the new EU Member States the developing Asian countries may constitute an alternative source of capital in the crisis conditions.

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