Is the Erecting of Barriers Against Foreign Sovereign Wealth Funds Compatible with International Investment Law?

Audit, Mathias

doi:10.2139/ssrn.1154601

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Is the Erecting of Barriers Against Foreign Sovereign Wealth Funds Compatible with International Investment Law?

Society of International Economic Law (SIEL) Inaugural Conference 2008

11 Pages Posted: 4 Jul 2008 Last revised: 14 Jul 2008

See all articles by Mathias Audit

Mathias Audit

Sorbonne Law School (University of Paris 1)

Date Written: July 2, 2008

Abstract

The impact of overseas investments by Sovereign Wealth Funds (SWFs) is increasingly causing alarm in destination countries. Many Western governments show high concern with SWFs investing in some of their strategic economic sectors, such as energy or high technologies. Consequently, several of these governments have issued new domestic rules to control and even cancel investments operated by SWFs, or are about to do so. The aim of this work is to assess the compatibility of these new legislations with international investment law.

Keywords: Sovereign Wealth Funds, SWFs, Overseas Investment, Foreign investment, International investment, Barriers, Soft law option, Hard law option

JEL Classification: F02, F10, F13, F14, F15, K33, F21

Suggested Citation: Suggested Citation

Audit, Mathias, Is the Erecting of Barriers Against Foreign Sovereign Wealth Funds Compatible with International Investment Law? (July 2, 2008). Society of International Economic Law (SIEL) Inaugural Conference 2008, Available at SSRN: https://ssrn.com/abstract=1154601 or http://dx.doi.org/10.2139/ssrn.1154601