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The Ralls implications for the National Security Review

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journal contribution
posted on 2023-06-09, 02:35 authored by Qingxiu BuQingxiu Bu
The potential national security effect of foreign acquisitions has been a long standing issue facing the host states worldwide, which holds particular true between those adversary nations, like the United States and China. Such unexpected consequences as plausible protectionism and governance discrimination are detrimental to the global economic recovery. The creation of China's own national security review (NSR) regime complicates further the perceived retaliatory measures. To pierce the veil of the Committee on Foreign Investment in the United States' (CFIUS) process of NSR is conducive to mitigating unnecessary stalemate between the two world economic giants in the scenarios of cross-border investments. 'Ralls' serves as a landmark case for a Chinese company to challenge the US President's and CFIUS's divesture orders. It remains uncertain of the extent to which the CFIUS's future NSR assessment procedures will be reshaped followed by the US executive's setback in the lawsuit. Through maintaining a predictable regulatory landscape, it is crucial to strike a balance between encouraging foreign investment and protecting national security.

History

Publication status

  • Published

File Version

  • Published version

Journal

Commercial Law Quarterly

ISSN

0819-4262

Publisher

RMIT Publishing

Issue

1

Volume

30

Page range

3-16

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2016-08-18

First Open Access (FOA) Date

2016-08-22

First Compliant Deposit (FCD) Date

2016-08-22

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