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The Law of Sovereign Wealth Funds
This book provides a definition and classification for Sovereign Wealth Funds (SWFs) and discusses their phenomenon within the legal context.
It identifies the rules applicable to SWFs and focuses on the bilateral relationships between states. In eight extensive chapters, Fabio Bassan considers whether SWFs may enjoy immunity with respect to host state measures as well as protection in Bilateral Investment Treaties
It identifies the rules applicable to SWFs and focuses on the bilateral relationships between states. In eight extensive chapters, Fabio Bassan considers whether SWFs may enjoy immunity with respect to host state measures as well as protection in Bilateral Investment Treaties
More Information
Critical Acclaim
Contents
More Information
This book provides a definition and classification for Sovereign Wealth Funds (SWFs) and discusses their phenomenon within the legal context.
It identifies the rules applicable to SWFs and focuses on the bilateral relationships between states. In eight extensive chapters, Fabio Bassan considers whether SWFs may enjoy immunity with respect to host state measures as well as protection in Bilateral Investment Treaties
Written from an international law perspective, The Law of Sovereign Wealth Funds will appeal to students of international business, international organisations, banks and governments.
It identifies the rules applicable to SWFs and focuses on the bilateral relationships between states. In eight extensive chapters, Fabio Bassan considers whether SWFs may enjoy immunity with respect to host state measures as well as protection in Bilateral Investment Treaties
Written from an international law perspective, The Law of Sovereign Wealth Funds will appeal to students of international business, international organisations, banks and governments.
Critical Acclaim
‘. . . a work that is both important, and likely to become foundational in the field that has yet to fully define itself. Bassan has helped take an important step in that direction. Bravo’
– Larry Catá Backer, Law at the End of the Day blog
‘This book is not the final word on the law of sovereign wealth funds (SWFs) but it should be the first word: the place any researcher should start their research. It is sensible, comprehensive, and balanced and it is the first monograph-length analysis of this topic of which I am aware. . . anyone wanting to understand the law that governs SWFs could do no better than by starting with this book. . . It is essential reading for all policy makers in the field, and for all who practise in this area of law, or who seek to study it.’
– Ross P. Buckley, Journal of International Economic Law
‘Bassan provides a remarkable compendium on the relevant laws, regulations, and standards affecting sovereign wealth funds. These institutions are now at the very centre of the global financial system and demand greater appreciation of their distinctive qualities as well as their likely implications for nation-states and the global economy. Bassan’s book is a unique contribution to understanding the governance and regulation of these institutions and will be an important resource book for those who must grapple with the growing power and global scope of these institutions.’
– Gordon L. Clark, University of Oxford, UK and Monash University, Australia
‘This book covers a true vacuum in international legal literature thanks to its multi-facet in-depth analysis of SWFs, a new type of protagonists of transnational investments in the global economy. It analyses critically the various approaches put forth to pinpoint real nature, legal set-up, relevant features in the diverse operating activity of SWF in the perspective of addressing the issue of the most appropriate regulation that would ensure two apparently conflicting goals: the protection of SWF investments and of host states’ legitimate concerns for vital national political or economic interests and the diverse activities. On this basis, the author reviews the various international hard and soft law regulations proposed and the relevance of existing disciplines including Bilateral Investment Treaties. The full coverage of the issue of sovereign immunity in respect of SWF is a useful completion of the author’s analysis.’
– Giorgio Sacerdoti, Bocconi University, Italy
– Larry Catá Backer, Law at the End of the Day blog
‘This book is not the final word on the law of sovereign wealth funds (SWFs) but it should be the first word: the place any researcher should start their research. It is sensible, comprehensive, and balanced and it is the first monograph-length analysis of this topic of which I am aware. . . anyone wanting to understand the law that governs SWFs could do no better than by starting with this book. . . It is essential reading for all policy makers in the field, and for all who practise in this area of law, or who seek to study it.’
– Ross P. Buckley, Journal of International Economic Law
‘Bassan provides a remarkable compendium on the relevant laws, regulations, and standards affecting sovereign wealth funds. These institutions are now at the very centre of the global financial system and demand greater appreciation of their distinctive qualities as well as their likely implications for nation-states and the global economy. Bassan’s book is a unique contribution to understanding the governance and regulation of these institutions and will be an important resource book for those who must grapple with the growing power and global scope of these institutions.’
– Gordon L. Clark, University of Oxford, UK and Monash University, Australia
‘This book covers a true vacuum in international legal literature thanks to its multi-facet in-depth analysis of SWFs, a new type of protagonists of transnational investments in the global economy. It analyses critically the various approaches put forth to pinpoint real nature, legal set-up, relevant features in the diverse operating activity of SWF in the perspective of addressing the issue of the most appropriate regulation that would ensure two apparently conflicting goals: the protection of SWF investments and of host states’ legitimate concerns for vital national political or economic interests and the diverse activities. On this basis, the author reviews the various international hard and soft law regulations proposed and the relevance of existing disciplines including Bilateral Investment Treaties. The full coverage of the issue of sovereign immunity in respect of SWF is a useful completion of the author’s analysis.’
– Giorgio Sacerdoti, Bocconi University, Italy
Contents
Contents: Foreword by Franco Bassanini Part I: SWFs: New Actors in the International Scene. A Definition and Classification 1. Sovereign Entities Investing Abroad as Private Entities: Limits of the Conventional Framework 2. SWFs: Definition and Classification Part II: SWFs’ National and International Regulation 3. Sovereign Wealth Funds’ Regulation 4. Host States’ Laws and SWFs Part III: SWFs’ Protection in Bilateral Relations 5. SWFs and State Immunity 6. SWFs and Bilateral Investment Treaties 7. Conclusions Bibliography Index
