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

Mark McLaughlin

Jump to Content

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

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

Author:

Mark McLaughlin

Mark McLaughlin
Search for other papers by Mark McLaughlin in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 202–239

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

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

Redeem Access Token

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.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004532069/BP000013.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

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

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

E-Book ISBN:: 9789004532069

Publisher:: Brill | Nijhoff

Print Publication Date:: 19 Dec 2022

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

Front Matter

Articles

Special Reports

Book Review

Back Matter

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	968	521	15
Full Text Views	23	12	0
PDF Views & Downloads	21	6	0

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

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

Abstract

Citation Info

Share link with colleague or librarian

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

Table of Contents

Metrics

Metrics