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State Capitalism and International Investment Law

State Capitalism and International Investment Law

Author: Panagiotis Delimatsis; Georgios Dimitropoulos; Anastasios Gourgourinis
Publisher: Hart Publishing
ISBN: 9781509962976

Published In: January 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509963010

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This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it.

The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely.

1. State Capitalism and International Investment Law - An Introduction

Panagiotis Delimatsis (Tilburg University, the Netherlands), Georgios Dimitropoulos (Hamad Bin Khalifa University, Qatar) and Anastasios Gourgourinis (National and Kapodistrian University of Athens, Greece)

Part I: International Economic Order and State Capitalism

2. The Foundations of International Economic Order in the Age of State Capitalism

Leonardo Borlini (Bocconi University, Italy)

3. State Capitalism, 'Normal' Capitalism and Other Capitalisms? The Discreet Place of State in Neoliberal International Investment Law

Josef Ostransky (European University Institute, Italy)

4. Chinese State Capitalism and the International Economic Order

Jiangyu Wang (City University of Hong Kong)

Part II: Actors of State Capitalism

5. Sovereign Wealth Funds and State Capitalism

Michail Dekastros (Sidley Austin LLP, Belgium)

6. Chinese State-Owned Enterprises and International Investment Law

Ming Du (Durham University, UK)

7. Due Diligence and State-Controlled Entities in the Age of State Capitalism

Sebastian Mantilla Blanco (University of Bonn, Germany)

Part III: Processes of State Capitalism

8. State Capitalism and Global Governance under the Belt and Road Initiative

Qingxiu Bu (University of Sussex, UK)

9. Foreign Investment in Critical National Infrastructure by SCEs and Screening Mechanisms

Manu Misra (Fundacao Getulio Vargas School of Law, Brazil)

10. The Screening of Cross-Border Investments by State-Owned Enterprises under EU Law

Konstantina Georgaki (European Commission, DG FISMA, Belgium; University of Oxford, UK)

Part IV: Adjudicating State Capitalism

11. Counterclaims against Sovereign Investors

Anastasios Gourgourinis (National and Kapodistrian University of Athens, Greece)

12. National Security Exceptions under the WTO and IIAs

Panagiotis Delimatsis and Olga Hrynkiv (both at Tilburg University, the Netherlands)

13. International Commercial Courts in the Age of State Capitalism

Georgios Dimitropoulos (Hamad Bin Khalifa University, Qatar)

Part V: Contextualising State Capitalism

14. Sovereign Investors

Bianca Nalbandian (University of Luxembourg)

15. Official Business: International Economic Law and the Resilience of State Capitalism

Robert Howse (New York University, USA)

16. Conclusion: State Capitalist Vista of International Investment Law

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