The UK’s Foreign Investment Security Review Mechanism: Characteristics, Origins, and Responses

The UK’s National Security and Investment Act 2021, which came into effect in January 2022, marks the establishment of a foreign investment security review mechanism unique to the UK. This article examines the Act’s text and identifies several key features of the mechanism, including its broad review scope, ease of activation, flexible standards, and instrumental tendencies. Applying a constructivist framework, this article argues that the establishment of this mechanism is primarily driven by a shift in the UK’s identity, reinforcing its alignment with the United States while positioning China as a “competitor”. The NSI Act’s broad scope and discretionary powers disproportionately impact Chinese investors, given their concentration in high-risk sectors and geopolitical tensions. In response, this article proposes that China can mitigate the potential negative impact of this mechanism on its investors by adopting both conceptual and normative strategies, contributing to the reconstruction of the UK’s perception of China within the broader social context.

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Publication Details

Journal
Laws
Published
2025-04-08
DOI
https://doi.org/10.3390/laws14020024
Citations
1
Primary Topic
Global Energy Security and Policy
Type
article
Field-Weighted Citation Impact
1.79
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article

The UK’s Foreign Investment Security Review Mechanism: Characteristics, Origins, and Responses

Shaotang Wang, Guozhen Li, Yang Lh
1 citations
Laws
Global Energy Security and Policy
1.79
article

The UK’s Foreign Investment Security Review Mechanism: Characteristics, Origins, and Responses

Shaotang Wang, Guozhen Li, Yang Lh
article en
1 citations

Abstract

The UK’s National Security and Investment Act 2021, which came into effect in January 2022, marks the establishment of a foreign investment security review mechanism unique to the UK. This article examines the Act’s text and identifies several key features of the mechanism, including its broad review scope, ease of activation, flexible standards, and instrumental tendencies. Applying a constructivist framework, this article argues that the establishment of this mechanism is primarily driven by a shift in the UK’s identity, reinforcing its alignment with the United States while positioning China as a “competitor”. The NSI Act’s broad scope and discretionary powers disproportionately impact Chinese investors, given their concentration in high-risk sectors and geopolitical tensions. In response, this article proposes that China can mitigate the potential negative impact of this mechanism on its investors by adopting both conceptual and normative strategies, contributing to the reconstruction of the UK’s perception of China within the broader social context.

LawsVol. 14(2)
Qingdao University (CN), Shandong University (CN), Nankai University (CN)
Openalex Percentile: Top 15%
Global Energy Security and Policy
1.79
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The UK’s Foreign Investment Security Review Mechanism: Characteristics, Origins, and Responses — Shaotang Wang, Guozhen Li, et al. · Laws (2025) | TGRS Research Map | TGRS