Yao Yuan

Institution: Leiden University

Period of stay: 22 April - 28 June 2024

Contact: y.yuan@law.leidenuniv.nl

Profile: 

Yao Yuan is a PhD candidate at Leiden Law School, supervised by Professor Harold Koster. Her research focuses on a comparative legal study of foreign direct investment screening mechanisms in the EU, the US, and China.

She completed her LL.M. in Advanced Studies in European and International Business Law at Leiden University in 2016. Subsequently, she gained professional experience working for Dutch and international law firms, both in The Hague and Beijing. Her specialties include M&A, IPOs, and corporate financing.

Additionally, she is actively involved in teaching for the advanced master’s program in International Civil and Commercial Law and the bachelor’s program in International Business Law at Leiden University.

Research Area:

International Economic Law, International Investment Law

Research Title:

Conflicting Interests in Foreign Direct Investment (FDI) Screening Mechanisms: a Comparative Study in the EU, the US and China

Research Outline:

In recent years, with growing concerns regarding potential threats to national interests posed by Foreign Direct Investment (FDI), many countries have established or updated their FDI screening mechanisms on national security grounds. However, these government interventions may undermine a free market economy and accelerate the trend of deglobalization. In practice, it is common for states to adopt an open-ended list of factors to consider when determining whether a particular transaction threatens national security. This rather ambiguous concept of national security grants states considerable discretion in their review process and affords them significant freedom to justify their decisions. This issue has become more pronounced amid current heightened geopolitical and geoeconomic tensions.

This research will focus on the conflicting interests inherent in FDI screening mechanisms. By comparing the screening mechanisms of the EU, the US, and China, we aim to analyze how governments can strike a proper balance between preserving the appropriate level of regulatory discretion to address national security concerns and ensuring an open environment for foreign investors. Through this comparison, our research will also investigate the vulnerable position of foreign investors under FDI screening mechanisms and seek to identify potential solutions for them to protect themselves when faced with reverse screening decisions in the current cross-border investment environment.

Publications:

Yao Yuan, Economic Security Considerations in FDI Screening, Law and Economics Yearly Review Journal, Queen Mary University, London, UK, vol. 11, part 2, Special Issue, 2022, pp. 64-93.

Yao Yuan & Harold Koster, Tilted Balance to Security or Economy? A Comparative Study of National Security Review Mechanisms in the Netherlands and the United States, European Company Law 21 (1), 2024, 7-22.

Yao Yuan, Legal Protection for Foreign Investors in Times of Geoeconomics Turbulence, Law & Geoeco- nomics, Inaugural Issue, 2024 (accepted and in process)

Yao Yuan, Government Intervention in Geoeconomic Uncertain Times: Rebalancing Conflicting Interests in Foreign Investment Screening, Yearbook of Socio-Economic Constitutions (YSEC), 2024 (accepted and in process)
 

Information contained in these profiles is provided by visitors at the time of their stay. The accuracy of the content and links is not guaranteed.