State Capitalism and International Investment Law

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State Capitalism and International Investment Law

Edited by Panagiotis DelimatsisTilburg University the Netherlands · Gabrielle MarceauLegal Affairs Division Wto Secretariat · Georgios DimitropoulosHamad Bin Khalifa University Qatar · Krista Nadakavukaren (Swiss Institute of Comparative Law Switz Schefer
Hart Publishing July 2024

Specifications

ISBN-13
9781509963010
Publisher
Hart Publishing
Publication
July 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

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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.

Table of Contents

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. STATE CAPITALISM AND INTERNATIONAL ECONOMIC ORDER
1. The Foundations of International Economic Order in the Age of State Capitalism
Leonardo Borlini (Bocconi University, Italy) and Stefano Silingardi (University of Milan,
Italy).
2. State Capitalism, 'Normal' Capitalism and Other Capitalisms? A Discreet Place of the State in Neoliberal International Investment Law
Josef Ostranský (European University Institute, Italy)
3. Disciplining State Capitalism under International Economic Law: Non-Discrimination vs. Competitive Neutrality
Rob Howse (New York University, US)

PART II. ACTORS AND PROCESSES OF STATE CAPITALISM
4. Chinese State Capitalism in the World Order: An International Law and International Relations Perspective
Jiangyu Wang (City University of Hong Kong)
5. Sovereign Wealth Funds and Foreign Investment Screening under International Investment Law
Michail Dekastros (Sidley Austin LLP, Belgium)
6. The Screening of Cross-Border Investments by State-Owned Enterprises under EU Law
Konstantina Georgaki (University of Oxford, UK)
7. Foreign Investment in Critical National Infrastructure (CNI) by State-Controlled Entities (SCEs) and Investment Screening Mechanisms (ISMs)
Manu Misra (Getúlio Vargas Foundation School of Law, Brazil)

PART III. ADJUDICATING STATE CAPITALISM
8. Chinese State-Owned Enterprises and International Investment Law
Ming Du (Durham University, UK)
9. Due Diligence and State-Controlled Entities in the Age of State Capitalism
Sebastián Mantilla Blanco (University of Bonn, Germany)
10. Sovereign Investors and National Security Exceptions in WTO and Investment Law
Panagiotis Delimatsis (Tilburg University, the Netherlands) and Olga Hrynkiv (Tilburg University, the Netherlands)
11. International Commercial Courts in the Age of State Capitalism
Georgios Dimitropoulos (Hamad Bin Khalifa University, Qatar) and Mohammed Al-Ahmadani (GBS Disputes, France)

PART IV. CONTEXTUALISING STATE CAPITALISM
12. State Capitalism and Global Governance under the Belt and Road Initiative
Qingxiu Bu (University of Sussex, UK)
13. The Relevance of the Green Swan Risk: Accounting for Climate Change in the Legal Framework of Sovereign Investors
Bianca Nalbandian (Max Planck Institute Luxembourg)
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