Incoming: How International Investment Law Constrains Foreign Investment Screening

Abstract Domestic screening of foreign investment, often on national security grounds, has intensified in recent years. More countries are introducing such regimes, while others expand their scope or allow retrospective screening. These developments increase the potential for investor–State claims under international investment agreements, even sometimes regarding investments that not yet established. Host States need to be aware adverse decisions, imposition conditions, due process shortcomings conflict with obligations, as fair and equitable treatment most-favoured nation treatment. Although tools exist some treaties exclude exempt screening, these may prevent a successful claim. For example, listing regime non-conforming measure cover all future amendments, general exceptions subject considerable uncertainty. ensure compliance law creating developing regimes.