摘要
Against the backdrop of Sino-US trade frictions and the European Union’s systematic reassessment and adjustment of its China policy,1 the US,the EU as well as core EU members such as Germany,France,Italy and the United Kingdom have all adjusted their legal frameworks concerning foreign investment security review(FISR)and tightened the supervision on foreign investments in order to cover national security risks they may bring into the country or the region,which either explicitly or implicitly targets China.Chinese investment to the US and the EU has plummeted under this circumstance.An in-depth analysis of the content and motivations of the new FISR regime in the US and the EU will not only map out the newly emerging legal risks facing Chinese enterprises when they invest abroad,but will also pilot Chinese enterprises to take preemptive measures and prepare the Chinese authorities to update its own FISR system.
The tightening of US and EU foreign investment security review provides a legal cover for protectionist policies and a shield from so-called "threat" of Chinese investments. China urgently needs to take effective measures to address its shortterm impacts and long-term influence, while protecting the legitimate rights and interests of investors in the process of further opening up.
作者
张怀岭
Zhang Huailing(the School of Law,Southwestern University of Finance and Economics)
