Reactions to China’s Cross-border Investment and International Investment Law

Sauvant, Karl P.; Nolan, Michael

doi:10.4324/9781315681207-10

Cited by 2 publications

(2 citation statements)

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“…This may result in an investment strategy that is broader than maximising profits and that focuses on long term policy objectives. 32 In practice, the alignment between a SOE's objectives and the Chinese state's objectives, however, needs to be nuanced. While SOEs may be dependent on state funding or political connections to invest abroad, this does not necessarily imply that the SOE actively promotes the underlying political objectives of its investment decision.…”

Section: Cross-border Investmentsmentioning

confidence: 99%

State-owned enterprises in the shipbuilding sector

Daniel¹,

Lee²,

Parmentier³

2021

OECD Science, Technology and Industry Policy Papers

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This paper was approved and declassified by the OECD Council Working Party 6 on Shipbuilding (WP6) on 26 November 2020, and was prepared for publication by the OECD Secretariat. Note to Delegations:This document is also available on O.N.E under the reference code:C/WP6(2020)5/FINAL This document, as well as any data and any map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area.

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Section: Cross-border Investmentsmentioning

confidence: 99%

State-owned enterprises in the shipbuilding sector

Daniel¹,

Lee²,

Parmentier³

2021

OECD Science, Technology and Industry Policy Papers

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“…58 Therefore, structural and functional independence alone might no longer be conclusive in determining the degree of state control on Chinese SOEs and SWFs, as China's overseas investment has been mainly motivated by strategic state-related considerations, or so-called public policy concerns. 59 In this context, international law and domestic immunity rules seem to be inadequately prepared to pierce the sovereign veil of these entities by inquiring about any manipulative control the state might have over them, leaving a gap to be filled.…”

Section: The Enforcement Aftermathmentioning

confidence: 99%

When the State Sovereign Immunity Rule Meets Sovereign Wealth Funds in the Post Financial Crisis Era: Is There Still a Black Hole in International Law?

Shang¹,

Shen²

2018

Leiden Journal of International Law

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This article examines the state sovereign immunity rule in the context of a rising number of sovereign wealth funds and their ever-increasing value of cross-border commercial activities in the aftermath of the latest global financial crisis. The concept of sovereignty and the rule of sovereignty remain in a state of flux while new actors such as sovereign wealth funds are participating in global commercial activities in a nontransparent and politically motivated manner. Accordingly, states may pursue strategic foreign policy objectives through these newer investment arms in an unconventional way, thereby being deeply involved in the political-economic arena and distorting the existing concepts of international law. This article posits that there is an international law black hole in which sovereign wealth funds have come to engage in commercial activities as well as exercise the public functions traditionally associated with states (acts jure imperii). The doctrine of restrictive immunity has come into question and the bulk of local court decisions have offered little clear guidance. Against this backdrop three interconnected perspectives are then discussed with reference to emerging economies like China: the immunity rule, the principle of sovereignty, and the balance of power in globalization.

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Reactions to China’s Cross-border Investment and International Investment Law

Cited by 2 publications

References 0 publications

State-owned enterprises in the shipbuilding sector

State-owned enterprises in the shipbuilding sector

When the State Sovereign Immunity Rule Meets Sovereign Wealth Funds in the Post Financial Crisis Era: Is There Still a Black Hole in International Law?

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