A Perfect Storm

On 9 June 2019, Hong Kong became the focus of international attention as hundreds of thousands of demonstrators marched on Hong Kong Island to oppose the imminent enactment of a bill that would introduce a rendition arrangement, inter alia, as between Hong Kong and other parts of China (including mainland China, Taiwan and Macau). This legislative proposal has not only led to the largest protests in the history of postcolonial Hong Kong but has also brought about one of the greatest crises of governance in post-1997 Hong Kong.

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From Defensive to Assertive: China’s White Paper on Human Rights

On December 12th 2018 the State Council Information Office of the People’s Republic of China (PRC) published a white paper (WP) titled ‘Progress in Human Rights over the 40 Years of Reform and Opening Up in China.’ The paper, which seems to be targeting more foreign audience than a domestic one, reflects upon the progress China has made in the field of human rights since Deng Xiaoping’s liberalization and opening up reforms that began in 1978.

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The Political Economy of Capital Controls and Liberalization

In the face of rising global tensions the free flow of direct investment capital across borders is in dispute. The self-evidence of free capital movements since the start of the euro can no longer be taken for granted. Concerns have emerged about the intentions of foreign investors acquiring domestic key industries.

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Access to Legal Redress in an EU Investment Screening Mechanism

The proposal for a regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments into the European Union (Draft Proposal) presupposes (some would even say: proposes) investment screening and control mechanisms (ISCMs) at member state level. Approaching ISCMs from the angle of legal redress raises three questions: […]

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Investment Screening in the Defence Industry – News from the Bermuda Triangle of EU Law

The national investment screening mechanisms for the defence and security sector are the Doyen of the existing screening mechanisms, and their bases in EU secondary and primary law are not so hidden. The discrimination of investors on grounds of nationality have some specific bases in topical EU Regulations or Directives, but most importantly in the […]

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Rebuilding the Berlin Wall?

On 19 December 2018, the German government has passed amendments to the German Foreign Trade and Payments Act (“AWG”) and to the German Foreign Trade and Payment Ordinance (“AWV”) whose compatibility with European law is highly questionable. The structure and scope of investment review provided for under the AWG in conjunction with the AWV is […]

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