Description
Book SynopsisThis 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.
Table of Contents1. 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
