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Research Handbook on Sovereign Wealth Funds and International Investment Law

Research Handbook on Sovereign Wealth Funds and International Investment Law

Author: Fabio Bassan
Publisher: Edward Elgar Publishing
ISBN: 9781781955192
Published In: July 2015
Format: Hardback , 464 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Research into the role of sovereign investments in a time of crisis is still unsatisfactory. This timely Research Handbook investigates the juridical foundation of sovereign wealth funds and investments and extends our frontier of understanding in this important area

Current research surrounding sovereign wealth funds is focused on investment flows and trends that are grounded in economics, neglecting to consider the role of law and governance in the investigation. From a legal perspective, the Handbook narrates a ‘passive’ side of sovereign wealth funds and state owned companies, exploring how and to what extent the legal constraints imposed by host States act as barriers to investments. Additionally, the ‘active’ side is also discussed and the influence of ethical principles, treaty re-negotiations and sovereign immunity practices on state investments considered.

A comprehensive reference on a complex area of research, the Handbook will be a valuable addition to the library of scholars and students interested in investment law, central banks, international economics and governance.

PART 1 INTRODUCTION
1. SWFs and State Investments: A Preliminary General Overview
Massimiliano Castelli and Fabio Scacciavillani

PART II – SWFS AND OTHER FORMS OF SOVEREIGN INVESTMENT
2. Sovereign Wealth Funds: A Definition and Classification
Fabio Bassan

3. SWFs in Five Continents and Three Narratives: Similarities and Differences
Larry Catà Backer

PART III SWF AND INTERNATIONAL REGULATION
4. Santiago GAPPs and Code of Conducts: Limits and Chances of Negotiated Rules
Locknie Hsu

5. Policy Frameworks for SWF Investments - OECD and Host Country Perspectives
Kathryn Gordon and Joachim Pohl

PART IV SWF AND REGULATION AT REGIONAL AND NATIONAL LEVEL
6. The Foreign Investment and National Security Act Of 2007: An Assessment of its Impact on Sovereign Wealth Funds and State - Owned Enterprises
Paul Rose

7. The EU and Member States: FDI, Portfolio Investments, Golden Powers and SWFs
Anna De Luca

8. SWFs and Taxation: National, Bilateral and Multilateral Approach
Fabio Bassan

PART V SWF INVESTMENT PROTECTION
9. SWF and State Immunity: Overcoming the Contradiction
Giovanna Adinolfi

10. Sovereign Wealth Funds and Bilateral Investment Treaties’ New Models: Issues, New Trends and State Practice
Elizabeth Whitsitt and Todd J Weiler

PART VI SWF’S RELEVANCE AND EFFECTS ON INTERNATIONAL INVESTMENTS
11. SWFs and Human Rights Protection
Salar Ghahramani

12. SWFs and Environmental Protection
Francesco Munari

13. SWFs and Development
Michele Vellano, Michele Vellano and Annamaria Viterbo

14. Social Investing without Legal Imprimatur: the Latent Possibilities for SWFs
Benjamin J. Richardson and Angela

Index

Edited by Fabio Bassan, Professor, International Economic Law and European Law, Roma Tre University, Italy and Founding Director, Sovereign Wealth Funds Law Centre