Description
Book SynopsisThis Research Handbook
is quite timely in its broad coverage of most, if not all, main aspects of SWFs, which have become such important players in the international investment arena. Thanks to the contribution of specialists with a diverse background in law, taxation, international economics, relations and governance, this book offers a comprehensive picture of their structure, functions, governance and practices. The analysis includes the impact that SWFs have both in individual host states where they invest and as agents of development in the global economy.'
- Giorgio Sacerdoti, Bocconi University, Italy
Research into the role of sovereign investments in a time of crisis is still unsatisfactory. This timely Research Handbook investigates the juridical foundation of sovereign wealth funds and investments and extends our frontier of understanding in this important area.
Current research surrounding sovereign wealth funds is focused on investment flows and trends that are grounded in economics, neglecting to consider the role of law and governance in the investigation. From a legal perspective, the Handbook narrates a 'passive' side of sovereign wealth funds and state owned companies, exploring how and to what extent the legal constraints imposed by host States act as barriers to investments. Additionally, the active side is also discussed and the influence of ethical principles, treaty re-negotiations and sovereign immunity practices on state investments considered.
A comprehensive reference on a complex area of research, the Handbook will be a valuable addition to the library of scholars and students interested in investment law, central banks, international economics and governance.
Contributors: G. Adinolfi, F. Bassan, M. Castelli, L. Catà Backer, A. De Luca, S. Ghahramani, K. Gordon, L. Hsu, A.Lee, F. Munari, J. Pohl, B.J. Richardson, P. Rose, F. Scacciavillani, M. Vellano, A. Viterbo, T. Weiler, E. Whitsitt
Trade Review‘This Research Handbook is quite timely in its broad coverage of most, if not all, main aspects of SWFs, which have become such important players in the international investment arena. Thanks to the contribution of specialists with a diverse background in law, taxation, international economics, relations and governance, this book offers a comprehensive picture of their structure, functions, governance and practices. The analysis includes the impact that SWFs have both in individual host states where they invest and as agents of development in the global economy.’ -- Giorgio Sacerdoti, Bocconi University, Italy
Table of ContentsContents: PART 1 INTRODUCTION Introduction Fabio Bassan 1. SWFs and State Investments: A Preliminary General Overview Massimiliano Castelli and Fabio Scacciavillani PART II SWFS AND OTHER FORMS OF SOVEREIGN INVESTMENT 2. Sovereign Wealth Funds: A Definition and Classification Fabio Bassan 3. SWFs in Five Continents and Three Narratives: Similarities and Differences Larry Catá Backer PART III SWF AND INTERNATIONAL REGULATION 4. Santiago GAPPs and Code of Conducts: Limits and Chances of Negotiated Rules Locknie Hsu 5. Policy Frameworks for SWF Investments - OECD and Host Country Perspectives Kathryn Gordon and Joachim Pohl PART IV SWF AND REGULATION AT REGIONAL AND NATIONAL LEVEL 6. The Foreign Investment and National Security Act Of 2007: An Assessment of its Impact on Sovereign Wealth Funds and State-Owned Enterprises Paul Rose 7. The EU and Member States: FDI, Portfolio Investments, Golden Powers and SWFs Anna De Luca 8. SWFs and Taxation: National, Bilateral and Multilateral Approach Fabio Bassan PART V SWF INVESTMENT PROTECTION 9. SWF and State Immunity: Overcoming the Contradiction Giovanna Adinolfi 10. Sovereign Wealth Funds and Bilateral Investment Treaties’ New Models: Issues, New Trends and State Practice Elizabeth Whitsitt and Todd Weiler PART VI SWF’S RELEVANCE AND EFFECTS ON INTERNATIONAL INVESTMENTS 11. SWFs and Human Rights Protection Salar Ghahramani 12. SWFs and Environmental Protection Francesco Munari 13. SWFs and Development Michele Vellano and Annamaria Viterbo 14. Social Investing without Legal Imprimatur: the Latent Possibilities for SWFs Benjamin J. Richardson and Angela Lee Index
