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State and Enterprise: Legal Issues in the Global Market

State and Enterprise: Legal Issues in the Global Market

Author: Maria Rosaria Mauro; Federico Pernazza
Publisher: Springer International
ISBN: 9783031104725
Published In: February 2023
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book addresses the regulation of the State/Enterprise relationship in the framework of international economic context. It analyzes this relationship from the discrete perspectives of conflict, cooperation, and integration in contributions by authors representing a diverse range of legal cultures and political backgrounds.

The topic is investigated following three approaches:

State versus Enterprise (the State which bans, restricts, or regulates the activities of Enterprises, both domestic and foreign)
Enterprise versus State (the Enterprises, main actors of commercial, industrial or financial initiatives, which may directly or indirectly affect the legal and economic structure of the State)
State as Enterprise and Enterprise as State (public Enterprises under political control that pursue geopolitical goals, and Enterprises that rely on the political, financial, and strategic support of the State for their business expansion)

Furthermore, the volume includes a special focus on the relationship State/Enterprise in non-capitalist economies (China, Russia, and Cuba).

General Introduction. State and Enterprise in the Global Market by Maria Rosaria Mauro and Federico Pernazza

Part I - State versus Enterprise

The national security clauses in international economic agreements: a loophole for States to escape their obligations? by Saverio Di Benedetto

The US Regulation of Foreign Direct Investments by Andrea Guaccero

Golden Powers in Strategic Sectors: A European Perspective by Gianluca Scarchillo

The PRC Regulation of Foreign Direct Investment by Enrico Toti

Part II - State as Enterprise/Enterprise as State: Management of Public Economic Entities

Fair, Accountable and Controlled by Guy Horsmans and Guillaume Horsmans

The Role of State-Owned Enterprises in the Economic Transnational Relations by Federico Pernazza

The Emergence of Sovereign Wealth Funds as New 'Foreign Investors': Problems and Perspectives by Maria Rosaria Mauro

Sustainable Procurement: The Active Role of the State in Building a Sustainable and Inclusive Economic Growth by Barbara De Donno and Livia Ventura

Part III - Enterprise v. State

The Relationship between a Host State and a Foreign Corporate Investor. A Few Remarks under International and EU Law by Pia Acconci

Antitrust Law in Digital Markets by Gianluca Contaldi

Clip Their Wings! Developments in the "Fight" Against Vulture Funds by Domenico Pauciulo

When the Protection of Private Investors Prevails on the Interest of the Host State (or almost so): The Perenco v. Ecuador Case by Martina Di Lollo

Part IV - State and Enterprise in State Capitalist Economies

Emerging Rules on Fair Trade and Reform of State-owned Enterprises in China by Qingjiang Kong

White Stains of State Support Measures for Small and Medium-Sized Businesses in Russia by Kseniya Tyurenkova

Reflections on Foreign Investment and the New Subjects on the Cuban Economy by Freddy Andres Hung Gil

Part V - Conclusion

Final Remarks by Diego Corapi

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