IDEAS home Printed from https://ideas.repec.org/p/oec/dafaaa/2010-2-en.html
   My bibliography  Save this paper

Foreign State Immunity and Foreign Government Controlled Investors

Author

Listed:
  • David Gaukrodger

    (OECD)

Abstract

Discussions 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.

Suggested Citation

  • David Gaukrodger, 2010. "Foreign State Immunity and Foreign Government Controlled Investors," OECD Working Papers on International Investment 2010/2, OECD Publishing.
    • Handle: RePEc:oec:dafaaa:2010/2-en
    DOI: 10.1787/5km91p0ksqs7-en
    as

    Download full text from publisher

    File URL: https://doi.org/10.1787/5km91p0ksqs7-en
    Download Restriction: no
    File URL: https://libkey.io/10.1787/5km91p0ksqs7-en?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    antitrust; central banks; competition law; foreign government controlled investors; foreign sovereign immunity; foreign state immunity; international investment law; regulation; sovereign wealth funds; state immunity; state-controlled investors; state-owned enterprises; taxation;
    All these keywords.

    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

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oec:dafaaa:2010/2-en. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: the person in charge (email available below). General contact details of provider: https://edirc.repec.org/data/caoecfr.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.