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
Citation
MCLAUGHLIN, Mark.
State-owned enterprises and threats to national security under investment treaties. (2020). Chinese Journal of International Law. 19, (2), 283-327.
Available at: https://ink.library.smu.edu.sg/sol_research/4009
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
http://doi.org/10.1093/chinesejil/jmaa014