Investment Screening: It’s All About the Investor

As the economic dimension of national security moves to the forefront, legal instruments such as investment screening are adopted to accommodate state discretion in a rule of law setting. The screening decisions of competent authorities are taken in a black box. Some may reach the public but they often pose more questions than answers. The case briefly presented here demonstrates that the state’s labelling of a company as strategic cannot be resisted, not even by its owners.