State and Enterprise: Legal Issues in the Global Market

ISBN-13: 9783031104725 / Angielski / Twarda / 2023 / 419 str.

Maria Rosaria Mauro; Federico Pernazza

Opis

This book addresses the regulation of the State/Enterprise relationship in the framework of international economic context. It analyzes this relationship from the discrete perspectives of conflict, cooperation, and integration in contributions by authors representing a diverse range of legal cultures and political backgrounds.

The topic is investigated following three approaches:

• State versus Enterprise (the State which bans, restricts, or regulates the activities of Enterprises, both domestic and foreign);

• Enterprise versus State (the Enterprises, main actors of commercial, industrial or financial initiatives, which may directly or indirectly affect the legal and economic structure of the State);

• State as Enterprise and Enterprise as State (public Enterprises under political control that pursue geopolitical goals, and Enterprises that rely on the political, financial, and strategic support of the State for their business expansion).

Furthermore, the volume includes a special focus on the relationship State/Enterprise in non-capitalist economies (China, Russia, and Cuba).

Spis treści

General Introduction. State and Enterprise in the Global Market by Maria Rosaria Mauro and Federico Pernazza.- Part I – State versus Enterprise: The national security clauses in international economic agreements: a loophole for States to escape their obligations? by Saverio Di Benedetto.- The US Regulation of Foreign Direct Investments by Andrea Guaccero.- Golden Powers in Strategic Sectors: A European Perspective by Gianluca Scarchillo.- The PRC Regulation of Foreign Direct Investment by Enrico Toti.- Part II – State as Enterprise/Enterprise as State: Management of Public Economic Entities: Fair, Accountable and Controlled by Guy Horsmans and Guillaume Horsmans.- The Role of State-Owned Enterprises in the Economic Transnational Relations by Federico Pernazza.- The Emergence of Sovereign Wealth Funds as New ‘Foreign Investors’: Problems and Perspectives by Maria Rosaria Mauro.- Sustainable Procurement: The Active Role of the State in Building a Sustainable and Inclusive Economic Growth by Barbara De Donno and Livia Ventura.- Part III – Enterprise v. State: The Relationship between a Host State and a Foreign Corporate Investor. A Few Remarks under International and EU Law by Pia Acconci.- Antitrust Law in Digital Markets by Gianluca Contaldi.- Clip Their Wings! Developments in the “Fight” Against Vulture Funds by Domenico Pauciulo.- When the Protection of Private Investors Prevails on the Interest of the Host State (or almost so): The Perenco v. Ecuador Case by Martina Di Lollo.- Part IV – State and Enterprise in State Capitalist Economies: Emerging Rules on Fair Trade and Reform of State-owned Enterprises in China by Qingjiang Kong.- White Stains of State Support Measures for Small and Medium-Sized Businesses in Russia by Kseniya Tyurenkova.- Reflections on Foreign Investment and the New Subjects on the Cuban Economy by Freddy Andrés Hung Gil.- Part V – Conclusion: Final Remarks by Diego Corapi.

O autorze

​Maria Rosaria Mauro is Full Professor of International Law at the University of Molise. 

Federico Pernazza is Associate Professor of Private Comparative Law and International Trade Law at the University of Molise.