Multi-Sourced Norms Affecting Sovereign Wealth Funds: A Comparative View of National Laws, Cross-Border Treaties and 'Codes'

Publication Type

Journal Article

Publication Date

12-2009

Abstract

Sovereign Wealth Fund (SWF) investors operate within the sphere of a variety of legal norms, including national laws, which in turn may be shaped or influenced by treaty obligations of their home and recipient states, and ‘soft law’ instruments. This article will examine the familiar issue of legal fragmentation of norms, in the evolving context of SWF activities. The issue is examined particularly from the perspective of their treatment in recipient countries, national security concerns that may arise from such investments, and recent ‘soft’ law developments. It compares recent legislative changes in a number of jurisdictions, their possible implications for SWFs, and whether there may be a place for sui generis rules to govern SWF investments. Relevant provisions from investment and trade agreements are also discussed.

Discipline

Asian Studies | International Law | International Trade Law | Law and Economics

Research Areas

Public International Law, Regional and Trade Law

Publication

Journal of World Investment and Trade

Volume

10

Issue

6

First Page

793

Last Page

828

ISSN

1660-7112

Identifier

10.1163/221190009X00015

Publisher

Brill

Additional URL

https://doi.org/10.1163/221190009X00015

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