Regulation of State-Controlled Enterprises

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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).

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