Advanced economies, and in particular China and the US, are engaging in a new technological arms race. China is trying to catch up technologically to the US and the US is doing everything it can to prevent that from happening. It perceives Chinese technological advances as a threat to its national security. Outbound investment screening mechanisms are the…

Clashing over critical minerals The green transition is creating an exponential need for critical raw materials (“CRMs”), such as lithium, nickel and cobalt, as these are necessary for environmentally-friendly technologies, from wind turbines to electrical vehicles. The European Union (“EU”) is in desperate need of such minerals due to limited reserves at home and long-lasting…

Geopolitical considerations have been creeping into corporate and international economic laws. Faced with rapidly increasing inbound foreign direct investment by corporations from competing economies, many countries have either strengthened existing, or developed new, investment screening mechanisms. These mechanisms enable host country governments to decide whether to admit foreign investment, and if so, whether conditions should be…