Regulating the Corporate Governance of State-Owned Enterprises in Investment Arbitration

Mark McLaughlin

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Regulating the Corporate Governance of State-Owned Enterprises in Investment Arbitration

于Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 39, 2021

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Mark McLaughlin

Mark McLaughlin
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类型:: 章节

Page Range:: 202–239

DOI:: https://doi.org/10.1163/9789004532069_006

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Abstract

The renaissance of sovereign investment is one of the defining economic trends of the 21st century. While many states have benefitted, and continue to benefit, from an influx of state-backed foreign investment, this embrace is not without its hesitancies. Host states are particularly concerned that state-owned enterprises (SOE s) pursue non-commercial policy objectives, maintain lower levels of transparency than their private counterparts, and operate with inferior standards of responsible business conduct. In response, domestic regulators have enacted a series of countermeasures for SOE investment, including requirements that such enterprises must invest on a “commercial basis.” However, the regulation of foreign investors does not occur in a regulatory vacuum. States are bound by obligations contained in international investment treaties. This article examines whether regulations targeting the corporate governance of SOE s comply with the substantive investment protections of investment law.

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 39, 2021

丛编： Chinese (Taiwan) Yearbook of International Law and Affairs, 卷： 39

ISBN:: 9789004532069

出版社:: Brill | Nijhoff

印刷出版日期:: 19 Dec 2022

Subjects
- International Law
  - International Law: Regional Perspectives
  - International Dispute Resolution & Arbitration
- International Relations
  - International Relations

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Regulating the Corporate Governance of State-Owned Enterprises in Investment Arbitration

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 39, 2021

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