Title Page
ABSTRACT
Contents
ABBREVIATION 14
CHAPTER ONE: GENERAL OVERVIEW 15
1-1. Main Features of National Security Review 15
1-1-1. Justified Purpose 15
1-1-2. Political Inclination 18
1-1-3. Policy-oriented 21
1-2. Influence of National Security Review to Investors' Rights 22
1-2-1. NSR Increases the Risk and Cost of the Investment 22
1-2-2. the Abuse of NSR 23
1-3. Investors' Remedy 24
1-3-1. the Value of Investors' Remedy 24
1-3-2. Choices of Investors' Remedy Mechanism 25
CHAPTER TWO: THE DIRECT REMEDY OF INVESTORS UNDER THE ACTIONABLE NATIONAL SECURITY REVIEW - TAKING EU AS AN EXAMPLE 27
2-1. National Security Review System in EU 27
2-1-1. Features of National Security Review in EU System 27
2-1-2. Regulating in EU on National Security Review Regime of Members 29
2-1-3. National Security Review Regime on Members in EU 33
2-2. Investors' Remedy Mechanism in EU System 43
2-2-1. Remedy Approaches in Member States 43
2-2-2. Remedy Approaches in EU System 44
2-3. Brief Summary 46
2-3-1. Actionable National Security Review Takes the Value Orientation of Investment Liberalization as Prerequisite 47
2-3-2. Practicality of Actionable National Security Review is to Be Tested 48
CHAPTER THREE: THE BALANCE OF INVESTORS' RIGHTS AND INTERESTS UNDER UNACTIONABLE NATIONAL SECURITY REVIEW - TAKING AMERCIA AS AN EXAMPLE 50
3-1. National Security Review Regime in the US 51
3-1-1. Evolutions of the Regime 51
3-1-2. Contents, Procedures and Results of the Review 57
3-2. Investors' Remedy Mechanism 64
3-2-1. Understanding of Non-judicial Review -3·1 Co. vs American Government case 64
3-2-2. Limited Remedy Space 74
3-3. Brief Summary 79
3-3-1. The Role of the Intervene of Government Under the Unactionable National Security Review 79
3-3-2. Improve and Strengthen Internal Supervision Mechanism to Balance the Right and Interest of Investors 82
CHAPTER FOUR: THE INVESTORS' REMEDY MECHANISM IN CHINESE NATIONAL SECURITY REVIEW 84
4-1. Evolution and Development of National Security Review in China 84
4-1-1. National Security in Industrial Policy Review 85
4-1-2. National Security in Anti-monopoly Review 86
4-1-3. Establishment of National Security Review Regime in Foreign M&A 89
4-2. Problems on Investors' Remedy Mechanism in Nowadays China 90
4-2-1. National Security Review Exists in Name Only 90
4-2-2. Investors' Remedy Mechanism is Undefined 92
4-3. Choice on Investors' Remedy Mechanism under Innovation of Foreign Capital Management Pattern 95
4-3-1. Influence on Investors' Remedy Mechanism by Innovation of Foreign Capital Management Pattern 95
4-3-2. Choice on Investor Relief Mechanism 100
CHAPTER FIVE: CONCLUSION 109
REFERENCES 112