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Common Market Law Review
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EU investment law at a crossroads: Open strategic autonomy in times of heightened security concerns

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EU investment law at a crossroads: Open strategic autonomy in times of heightened security concerns


Common Market Law Review
Volume 60, Issue 3 (2023) pp. 701 – 732

https://doi.org/10.54648/cola2023049



Abstract

This article examines the key pillars of the EU’s open strategic autonomy with a focus on its foreign investment policy. It explores three dimensions the EU’s investment policy: 1) the creation of the EU-wide FDI screening framework, 2) the proposal of new investigative and enforcement powers in relation to foreign investment subsidies, and 3) the proposal of new mechanisms to enforce EU values on sustainability, including human rights, environment and labour standards. The overarching objective is to unveil the forces at play in the making of EU investment policy and to interrogate the shifting attitudes towards trade and investment in times marked by geopolitical tensions and economic security concerns.


Keywords

open strategic autonomy, EU investment law, foreign investment policy, foreign investment subsidies


Extract




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