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National security, foreign investment research security: the current state of art
Journal article   Open access   Peer reviewed

National security, foreign investment research security: the current state of art

Brendan Walker-Munro
Griffith Law Review, Vol.33(2), pp.167-188
22/02/2025
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National security, foreign investment & research securityView
Published (Version of record)CC BY-NC-ND V4.0 Open

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Abstract

national security foreign direct investment research security investment law higher education
Universities are becoming increasingly contested spaces for the conduct of research in the national interest. There is a growing scrutiny on higher education institutions to disclose controversial research interests or to divest themselves of those interests. In addition, collaborations with overseas or foreign entities(frequently relied upon for either funding or promoting a diversity of research opinions and views) have become at risk of subordination, manipulation or interference by malicious actors. In response, many Western democracies have established mechanisms of research security: legal and policy tools to protect institutions and researchers from influence and impediment by threats to national security. One recent trend is the emergence of newly targeted regulations on foreign investment in university research. The archetypal example in focus for this paper is the National Security and Investment Act 2022 (UK) (‘NSI Act’), which empowers the Deputy Prime Minister (as the Secretary of State)and the Cabinet Office to monitor, investigate and where necessary control overseas investment in university research. This paper seeks to explore the NSI Act, its functionality and controversy, and compare it to some well-known international analogues before proposing a number of avenues of potential reform likely to arise in the future .

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