Regulation of State-Controlled Enterprises: An Interdisciplinary and Comparative Examination

ISBN-13: 9789811913679 / Angielski / Twarda / 2022

Chaisse, Julien

Opis

This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book.The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights).The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.

Spis treści

1. Introduction

Original Chapter 1

Prof Julien Chaisse (CityU HK),

Dr Jędrzej Górski (CityU HK),

Dr Dini Sejko (HKUST)

PART I – THE REGULATORY FRAMEWORK OF STATE CAPITALISM: LAWS, TREATIES, AND CONTRACTS

2. The Latest Regulatory Regime of SOEs under International Trade and Investment Treaties

Dr WU Yingying Daisy (China University of Political Science and Law),

wyyfada@163.com

3. Working title: Global liberalization of PPPs

TDM 1

Dr Jędrzej Górski (CityU HK)

4. Current Chinese corporate governance reform on state-owned enterprises and its impacts on their overseas investment

HU Shixue (SJD cand. Yale Law School)

shixue.hu@yale.edu

5. Legal issues of “Going Global”: the Chinese Public-Partnership model in transnational perspective

Gianmatteo Sabatino (PhD cand. University of Trento)

sabatinogianmatteo@gmail.com

6. Elephant in the room: On the Notions of SCEs in International Investment Law and International Economic Law

CHAN Kai Kai-Chieh (PhD cand. Paris II)

Kai-Chieh.Chan@etudiants.u-paris2.fr

7. The Need to Update Securities Regulation in an Era of Hegemonic Rivalry

Prof Joel Slawotsky (Radzymer Law School)

adonjoel@msn.com

 

8. The treatment of Chinese SOEs under EU competition law: seeking truth from existing decisions

Dr Alessandro Spano (King’s College London)

PART II – ECONOMIC AND INSTITUTIONAL EXPANSION OF STATE CAPITALISM

9. “Beyond Wealth: Sovereign Funds, Levered Capital, and the Agenda for Sustainable Development”.

Prof Patrick J. Schena (Tufts, Fletcher School)

Patrick.Schena@tufts.edu

10. Planning “beside” and “beyond” the state: corporations’ and sovereign wealth funds’ planning strategies

Gianmatteo Sabatino (University of Trento)

11. Working title: ‘privatizations of State-owned companies at EU level.’

Thomas Papadopoulos (University of Cyprus)

papadopoulos.thomas@ucy.ac.cy

12. The Public Value Creation of State-owned Enterprises

Dr Usman W. Chohan (UNSW Canberra)

uchohan2@gmail.com

13. Working title Cross border financing of Political parties and role of SCEs

Dr Francesco Galietti (Sonar Policy)

galietti@policysonar.com

14. China’s Technology Import Substitution Policy: The Role of China’s State Controlled Entities with U.S. Investments

Andrew Szamosszegi

Aszamosszegi@captrade.com

15. Wealth Funds and Public Value Theory

Dr Usman W. Chohan (UNSW Canberra)

uchohan2@gmail.com

PART III – THE ACCOUNTABILITY OF STATE CAPITALISM: EXPLORING THE FORMS OF LIABILITIES

16.Direct and Indirect State liability for actions of a state-owned enterprise

Prof Larry Catá Backer (Penn State)

lcb911@me.com

17. Working Title ‘Social Responsibility’ in the Governance of Chinese State-Owned Enterprises

Dr Flora Sapio (Universita degli Studi di Napoli "L'Orientale")

sapio75@gmail.com

18. National Security Review for Foreign Investments in China: A Transnational Approach

Dr MA Ji (Peking School of Transnational Law)

maji@sz.pku.edu.cn

19. Investment screening: Controlling investments from State Controlled Enterprises

Andrés Eduardo Alvarado Garzón (Saarland Universit)

andres_alvg@hotmail.com

20. Political Support, Competitive Advantage, and International Investment Screening of SOEs/SCEs

Peter Enderwick (Auckland University of Technology)

peter.enderwick@aut.ac.nz

21. The end of European naivety: Difficult times ahead for SCEs/SOEs investing in the European Union

Ondřej Svoboda (Ministry of Industry and Trade of the Czechia)

ondrej.svobod@gmail.com

PART IV – REGIONAL AND COUNTRY PERSPECTIVES

22. Vietnam's reform of state-owned entities: domestic and external drivers

Dr Dini Sejko (HKUST),

HOANG Viet (Ho Chi Min City University of Law)

23. How to handle state-owned enterprises in EU-China investment talks

Prof Alicia García-Herrero (HKUST)

alicia@ust.hk,

Prof XU Jianwei (Bruegel)

jianwei.xu@bruegel.org

24. State-Owned and Influenced Enterprises and the Evolution of Canada’s Foreign Direct Investment Regime

Geoffrey Hale University of Lethbridge

geoffrey.hale@uleth.ca

25. Fintech regulation and its impact on state-owned companies in Europe

Dr Gianni Lo Schiavo (European Central Bank)

gianni.loschiavo@kcl.ac.uk

26. Chinese State-Owned Enterprises in Africa: Always a Black-and-White Role?

Dr YIN Wei (Southwest University of Political Science)

weiyin77@gmail.com; yinwei1314@126.com

ZHANG Anran (Erasmus University Rotterdam)

a.zhang@law.eur.nl

27. The evolution of procurement regulation in Chinese SOEs

Prof. TU Xinquan (China Institute for WTO Studies, University of International Business and Economics)

tuxinquan@126.com

28. Port and Rail Investments: Reform of Chinese Regulations, Paradigm Shift of Chinese State-Controlled Entities and Global Freedom of Investments

Carlos K.C. Li (Chinese University of Hong Kong)

klcarlos@hotmail.com

29. The Role of State-Owned Enterprises in the Development of China’s Polar Silk Road: The Evidences from Russia and Nordic Countries

Vasily Erokhin (Harbin Engineering University)

basilic@list.ru

Gao Tianming Harbin Engineering University

gtmmail@163.com

O autorze

Julien Chaisse, Ph.D. (2007), is Professor of Law at City University of Hong Kong (CityU HK) and Advisory Board Member, Asian Academy of International Law (AAIL). His publications include 'China's International Investment Strategy' (2019), 'The Regulation of Global Water Services' (2017) and 'International Economic Law and Governance' (2016); and Springer published volumes - 'Paradigm Shift in International Economic Law Rule-Making, and 'Asia's Changing International Investment Regime' (both co-edited and published in 2017)'. Professor Chaisse is also a co-editor in chief of a Springer Living Reference - Handbook of International Investment Law and Policy.

Jędrzej Górski, Ph.D. (2016) is a research fellow at the City University of Hong Kong. Formerly research associate at UCL Australia (2017), Endeavour Research Fellow at MLS (2014) and associate at CMS (2010-2012). His publications include 'The Belt and Road Initiative, Law, Economics, And Politics' (Nijhoff 2018, eds with J. Chaisse), 'The Law and Policy of New Eurasian Regionalization: Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space' (Nijhoff 2021, eds with A. Aseeva) and 'Palgrave Handbook of Social license to operate and Energy Transitions' (2023, eds with G. Wood and G. Mete).

Dini Sejko (PhD 2019) is a research associate at the Centre for Comparative and Transnational Law at the Chinese University of Hong Kong, Faculty of Law, a research affiliate at The Fletcher Network for Sovereign Wealth and Global Capital, Tufts University, and a mediator (MCIArb). Dr Sejko's research focuses on international economic law and the governance of state-owned enterprises and sovereign wealth funds (SWFs). For his research on the impact of UN sanctions on the governance of the Libyan SWF, Dr Sejko received the Society of International Economic Law PEPA Best Paper Award 2018. He is the author of several articles, book chapters, and a series of policy reports on the “Belt and Road in Southeast Asia” (IEMS-UOB 2020).