Scope of Foreign Direct Investment Controls

It has been a pleasure to present on defining foreign investments in Uppsala, Sweden at the CELIS Forum on Investment Screening earlier today.

My presentation covered investments subject to FDI screening, cases, treaties and international coordination of the investment concept, territorial nexus and jurisdictional overlap.

Having examined international investment agreements and ISDS cases, I drew parallels between defining foreign investments for the purpose of investor-state dispute settlement and for the purpose of investment screening.  My presentation also addressed criteria in national legislation, recent reforms, and possible approaches to identifying foreign investors.

Finally, I talked about relevant insights from our recent empirical study on corporate restructuring in international investment law.

The presentation also benefited from my work on a recent study on defining foreign investment, which I prepared for policymakers of the Republic of Kazakhstan earlier this year.

The slides are available here: foreign-investor-investment-definition-subject-fdi-screening-ISDS.pdf