Extraterritorial Jurisdictions in the UK NSIA under International Legal Dynamics
Extraterritorial Jurisdictions in the UK NSIA
under International Legal Dynamics
Qiang Ren and Jing Du
 
ABSTRACT: This article undertakes a critical examination of the United Kingdom’s National Security and Investment Act (NSIA) 2021, with a particular focus on its extraterritorial jurisdiction. Analysing NSIA’s evolution, it categorizes its provisions in terms of scope, normative strength, and potential for reshaping the UK’s national security approach amid global economic interactions. It provides a comparative analysis of the Act’s foundational elements, such as ‘qualifying entities’ and ‘qualifying assets’, and assesses their international reach, as well as the challenges of NSIA’s extraterritorial application, including conflicts with other nations’ sovereignty, enforcement complexities, and international cooperation dynamics. It explores the integration of protective and economic sovereignty principles within the Act, signifying a shift from a security-centric to a more economically integrated approach. It concludes by discussing how international investment treaties and legal assistance agreements can optimize NSIA’s extraterritorial aspects, balancing national security with international legal standards.

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