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The Law of Sovereign Wealth Funds

The Law of Sovereign Wealth Funds

Author: Fabio Bassan
Publisher: Edward Elgar Publishing
ISBN: 9780857932358
Published In: September 2011
Format: Hardback , 192 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author
Reviews

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This book provides a definition and classification for Sovereign Wealth Funds (SWFs) and discusses its phenomenon within the legal context.

It identifies the rules applicable to SWFs and focuses on the bilateral relationships between states. In eight extensive chapters, Fabio Bassan considers whether SWFs may enjoy immunity with respect to host state measures as well as protection in Bilateral Investment Treaties Written from an international law perspective.

The Law of Sovereign Wealth Funds will appeal to students of international business, international organizations, banks and governments.

Foreword by Franco Bassanini

Part I: SWFs: New Actors in the International Scene. A Definition and Classification

1. Sovereign Entities Investing Abroad as Private Entities: Limits of the Conventional Framework

2. SWFs: Definition and Classification

Part II: SWFs’ National and International Regulation

3. Sovereign Wealth Funds’ Regulation

4. Host States’ Laws and SWFs

Part III: SWFs’ Protection in Bilateral Relations

5. SWFs and State Immunity

6. SWFs and Bilateral Investment Treaties

7. Conclusions

Bibliography

Index

Fabio Bassan, Professor, Faculty of Economics, Roma Tre University, Italy and Founding Director, Sovereign Wealth Funds Law Centre

‘Bassan provides a remarkable compendium on the relevant laws, regulations, and standards affecting sovereign wealth funds. These institutions are now at the very centre of the global financial system and demand greater appreciation of their distinctive qualities as well as their likely implications for nation-states and the global economy. Bassan’s book is a unique contribution to understanding the governance and regulation of these institutions and will be an important resource book for those who must grapple with the growing power and global scope of these institutions.’
– Gordon L. Clark, University of Oxford, UK and Monash University, Australia

‘This book covers a true vacuum in international legal literature thanks to its multi-facet in-depth analysis of SWFs, a new type of protagonists of transnational investments in the global economy. It analyses critically the various approaches put forth to pinpoint real nature, legal set-up, relevant features in the diverse operating activity of SWF in the perspective of addressing the issue of the most appropriate regulation that would ensure two apparently conflicting goals: the protection of SWF investments and of host states’ legitimate concerns for vital national political or economic interests and the diverse activities. On this basis, the author reviews the various international hard and soft law regulations proposed and the relevance of existing disciplines including Bilateral Investment Treaties. The full coverage of the issue of sovereign immunity in respect of SWF is a useful completion of the author’s analysis.’
– Giorgio Sacerdoti, Bocconi University, Italy