Author
Prof Lingyu Meng
Organisation/Institution
Dalian Maritime University
Country
CHINA
Panel
Banking and Finance
Title
Overgeneralisation of National Security in US and EU Port Investment Reviews: Criticisms and Responses
Abstract
Abstract：With the deepening of the Belt and Road Initiative, Chinese enterprises have significantly increased their overseas port investments, yet they face challenges from the overgeneralisation of national security in US and EU investment reviews. The US Committee on Foreign Investment in the United States (CFIUS) has abused the security exception clause in Article XXI of the General Agreement on Tariffs and Trade (GATT) through pathways of military and economic overgeneralisation of national security, employing rules as a pretext for strategic containment. The EU employs vague review standards and a dual-track system among member states, thereby violating international law principles of non-discrimination and proportionality in conducting generalised national security reviews. By examining the specificity of port sector investments to analyze the essence and mechanisms of US and EU overgeneralisation of national security in reviews, this study explores China’s response paths. At the national level, leveraging the WTO dispute settlement mechanism, enacting reciprocal legislative countermeasures, and participating in reshaping international rules can safeguard investment security. At the enterprise level, measures such as phased declarations and structural isolation can mitigate review risks.
Biography
I am Lingyu Meng, a Ph.D. candidate in Maritime Law at Dalian Maritime University in China. My doctoral research focuses on the application of the United Nations Convention on the Law of the Sea (UNCLOS) and the development of a comprehensive maritime legal system. I hold an LL.M. in International Commercial Law from the University of Nottingham, UK, and completed my undergraduate studies in Maritime Law at Dalian Maritime University. My academic work is deeply intertwined with practical engagement. I have participated in over ten national and provincial research projects, including contributions to the revision of China's Maritime Code. My recent paper on electronic transport documents was recognized as a distinguished paper at the 2025 Annual Conference of the Maritime Law Committee of the China Institute of Navigation.
