Foreign State Immunity and Foreign Government Controlled Investors
AbstractDiscussions at the “Freedom of Investment” Roundtables, hosted by the OECD Investment Committee, have stressed that increased investments by foreign State-controlled investors can bring significant benefits to home and host societies, but have also noted that they can raise concerns. This paper examines two principal issues concerning foreign State-controlled investors: whether the doctrine of foreign state immunity may make it difficult for private parties to pursue legitimate claims against them and whether that doctrine creates regulatory enforcement gaps for host countries. Although the restrictive approach to immunity is now widely recognised, important issues, such as whether the financial investment activities of a sovereign wealth fund are commercial or sovereign acts, remain uncertain. In the area of regulation, the paper analyses state policies in the area of tax, competition law and criminal law, and notes key factors that may influence immunity in such cases.
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Bibliographic InfoPaper provided by OECD Publishing in its series OECD Working Papers on International Investment with number 2010/2.
Date of creation: Aug 2010
Date of revision:
competition law; regulation; taxation; state immunity; international investment law; state-controlled investors; foreign government controlled investors; foreign sovereign immunity; state-owned enterprises; antitrust; foreign state immunity; central banks; sovereign wealth funds;
Find related papers by JEL classification:
- F21 - International Economics - - International Factor Movements and International Business - - - International Investment; Long-Term Capital Movements
- F23 - International Economics - - International Factor Movements and International Business - - - Multinational Firms; International Business
- G28 - Financial Economics - - Financial Institutions and Services - - - Government Policy and Regulation
- H82 - Public Economics - - Miscellaneous Issues - - - Governmental Property
- K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
- K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
- K34 - Law and Economics - - Other Substantive Areas of Law - - - Tax Law
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