This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE's operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE's and is also be covered in this book.The book also aims to analyse the "SCE phenomenon" which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and thecoordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.

Autorentext

Julien Chaisse, Ph.D. (2007), is Professor of Law at City University of Hong Kong (CityU HK) and Advisory Board Member, Asian Academy of International Law (AAIL). His publications include 'China's International Investment Strategy' (2019), 'The Regulation of Global Water Services' (2017) and 'International Economic Law and Governance' (2016); and Springer published volumes - 'Paradigm Shift in International Economic Law Rule-Making, and 'Asia's Changing International Investment Regime' (both co-edited and published in 2017)'. Professor Chaisse is also a co-editor in chief of a Springer Living Reference - Handbook of International Investment Law and Policy.

Jedrzej Górski, Ph.D. (2016) is a research fellow at the City University of Hong Kong. Formerly research associate at UCL Australia (2017), Endeavour Research Fellow at MLS (2014) and associate at CMS (2010-2012). His publications include 'The Belt and Road Initiative, Law, Economics, And Politics' (Nijhoff 2018, eds with J. Chaisse), 'The Law and Policy of New Eurasian Regionalization: Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space' (Nijhoff 2021, eds with A. Aseeva) and 'Palgrave Handbook of Social license to operate and Energy Transitions' (2023, eds with G. Wood and G. Mete).

Dini Sejko (PhD 2019) is a research associate at the Centre for Comparative and Transnational Law at the Chinese University of Hong Kong, Faculty of Law, a research affiliate at The Fletcher Network for Sovereign Wealth and Global Capital, Tufts University, and a mediator (MCIArb). Dr Sejko's research focuses on international economic law and the governance of state-owned enterprises and sovereign wealth funds (SWFs). For his research on the impact of UN sanctions on the governance of the Libyan SWF, Dr Sejko received the Society of International Economic Law PEPA Best Paper Award 2018. He is the author of several articles, book chapters, and a series of policy reports on the "Belt and Road in Southeast Asia" (IEMS-UOB 2020).

Inhalt

1. Introduction

   Original Chapter 1

   Prof Julien Chaisse (CityU HK),

   Dr Jedrzej Górski (CityU HK),

   Dr Dini Sejko (HKUST)

   PART I - THE REGULATORY FRAMEWORK OF STATE CAPITALISM: LAWS, TREATIES, AND CONTRACTS

   2. The Latest Regulatory Regime of SOEs under International Trade and Investment Treaties

   Dr WU Yingying Daisy (China University of Political Science and Law),

   wyyfada@163.com

   3. Working title: Global liberalization of PPPs

   TDM 1

   Dr Jedrzej Górski (CityU HK)

   4. Current Chinese corporate governance reform on state-owned enterprises and its impacts on their overseas investment

   HU Shixue (SJD cand. Yale Law School)

   shixue.hu@yale.edu

   5. Legal issues of "Going Global": the Chinese Public-Partnership model in transnational perspective

   Gianmatteo Sabatino (PhD cand. University of Trento)

   sabatinogianmatteo@gmail.com

   6. Elephant in the room: On the Notions of SCEs in International Investment Law and International Economic Law

   CHAN Kai Kai-Chieh (PhD cand. Paris II)

   Kai-Chieh.Chan@etudiants.u-paris2.fr

   7. The Need to Update Securities Regulation in an Era of Hegemonic Rivalry

   Prof Joel Slawotsky (Radzymer Law School)

   adonjoel@msn.com

   8. The treatment of Chinese SOEs under EU competition law: seeking truth from existing decisions

   Dr Alessandro Spano (King's College London)

   PART II - ECONOMIC AND INSTITUTIONAL EXPANSION OF STATE CAPITALISM

   9. "Beyond Wealth: Sovereign Funds, Levered Capital, and the Agenda for Sustainable Development".

   Prof Patrick J. Schena (Tufts, Fletcher School)

   Patrick.Schena@tufts.edu

   10. Planning "beside" and "beyond" the state: corporations' and sovereign wealth funds' planning strategies

   Gianmatteo Sabatino (University of Trento)

   11. Working title: 'privatizations of State-owned companies at EU level.'

   Thomas Papadopoulos (University of Cyprus)

   papadopoulos.thomas@ucy.ac.cy

   12. The Public Value Creation of State-owned Enterprises

   Dr Usman W. Chohan (UNSW Canberra)

   uchohan2@gmail.com

   13. Working title Cross border financing of Political parties and role of SCEs

   Dr Francesco Galietti (Sonar Policy)

   galietti@policysonar.com

   14. China's Technology Import Substitution Policy: The Role of China's State Controlled Entities with U.S. Investments

   Andrew Szamosszegi

   Aszamosszegi@captrade.com

   15. Wealth Funds and Public Value Theory

   Dr Usman W. Chohan (UNSW Canberra)

   uchohan2@gmail.com

   PART III - THE ACCOUNTABILITY OF STATE CAPITALISM: EXPLORING THE FORMS OF LIABILITIES

   16.Direct and Indirect State liability for actions of a state-owned enterprise

   Prof Larry Catá Backer (Penn State)

   lcb911@me.com

   17. Working Title 'Social Responsibility' in the Governance of Chinese State-Owned Enterprises

   Dr Flora Sapio (Universita degli Studi di Napoli "L'Orientale")

   sapio75@gmail.com

   18. National Security Review for Foreign Investments in China: A Transnational Approach

   Dr MA Ji (Peking School of Transnational Law)

   maji@sz.pku.edu.cn

   19. Investment screening: Controlling investments from State Controlled Enterprises

   Andrés Eduardo Alvarado Garzón (Saarland Universit)

   andres_alvg@hotmail.com

   20. Political Support, Competitive Advantage, and International Investment Screening of SOEs/SCEs

   Peter Enderwick (Auckland University of Technology)

   peter.enderwick@aut.ac.nz

2. The end of European naivety: Difficult times ahead for SCEs/SOEs investing in the European Union

   Ondrej Svoboda (Ministry of Industry and Trade of the Czechia)

   ondrej.svobod@gmail.com

   PART IV - REGIONAL AND COUNTRY PERSPECTIVES

3. Vietnam's …