Eine Analyse des Außenwirtschaftsgesetzes. Mit besonderem Fokus auf die Neuregelung der Investitionskontrolle
Kristin Lethaus
Studienarbeit aus dem Jahr 2013 im Fachbereich Jura - Europarecht, Völkerrecht, Internationales Privatrecht, Hanzehogeschool Groningen, Sprache: Deutsch, Abstract: The present report deals with the German foreign trade law (German: “Außenwirtschaftsgesetz”), which is part of the national foreign trade legislation. The example of the Rabta-Affair resulting in international criticism has shown the relevance of the foreign trade law in order to regulate exports, imports and international investments. Several public authorities are involved in the process of the implementation of the foreign trade law. The plurality of national and international laws leads to a high complexity for the companies and their compliance management. The report focuses on the new regulation of the investment control in the German foreign trade law, which was implemented in year 2009. This law contains some critical issues considering the political, the economic and the legal perspective: The risk of protectionism occur, as well as high transaction costs for the investors go hand in hand with a potential investment in Germany in the case that more than 25% of the voting rights will be acquired. In total, Germany as a business location will suffer from the new legislation changes. Besides, the new law of investment control is characterized by legal uncertainty. That’s why several recommendations are made, which contain for example the specification of the business lines and type of investors concerned by this law of investment control. Also a high level of transparency is necessary in order to avoid potential protectionism. Even if the law might be necessary: Germany - as an export nation - generally benefits from a high degree of freedom in the foreign trade legislation.
