Publication Type

Journal Article

Version

submittedVersion

Publication Date

6-2020

Abstract

The internationalization of investment by State-owned enterprises is driving the evolution of foreign investment regulation throughout the Western world. National security lies at the heart of host State concerns, yet the contours of the concept remain indistinct. Consequently, State-owned enterprises are subject to differential legal standards that can be vague and ambiguous. This article considers whether, and under what circumstances, host State security measures targeting State-owned enterprises comply with obligations under investment treaties. Provision for pre-establishment national treatment and security exceptions will be crucial in balancing the autonomy afforded to host States to protect their national security, and guarding State-owned enterprises against protectionist or discriminatory measures.

Discipline

Business Organizations Law | State and Local Government Law

Publication

Chinese Journal of International Law

Volume

19

Issue

2

First Page

283

Last Page

327

ISSN

1540-1650

Identifier

10.1093/chinesejil/jmaa014

Publisher

Oxford University Press (OUP): Policy E - Oxford Open Option D

Additional URL

http://doi.org/10.1093/chinesejil/jmaa014

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