dc.contributor.author | DEKASTROS, Michail | |
dc.date.accessioned | 2016-06-28T13:01:42Z | |
dc.date.available | 2020-06-24T02:45:07Z | |
dc.date.issued | 2016 | |
dc.identifier.citation | Florence : European University Institute, 2016 | en |
dc.identifier.uri | https://hdl.handle.net/1814/42004 | |
dc.description | Defence date: 24 June 2016 | en |
dc.description | Examining Board: Professor Petros C Mavroidis, Professor of Global and Regional Economic Law, EUI (Supervisor); Professor Bernard Hoekman, Professor of Global Economics, EUI; Professor Philip Sands QC, Professor of Law, University College London; Dr Gaëtan Verhoosel, Partner, Three Crowns LLP. | en |
dc.description.abstract | Sovereign Wealth Funds have been the new 'rising star' of the global economy for a few years. Host States have reacted to their rise cautiously and have quite frequently cited 'national security' as a justification for maintaining an absolute degree of freedom in regulating their entry into their markets. This thesis is arguing that a substantial proportion of regulatory concerns that surround the operation of SWFs are actually not of a national security nature—at least as perceived by the relevant instruments regulating investment in International Economic Law. As a consequence, the current regulatory framework screening SWFs investments a priori is both legally and normatively problematic and, in fact, it constitutes a form of protectionism. As an alternative, this thesis suggests that SWFs ought to be primarily regulated after their entry into Host States' markets. In that context, a proper conceptualisation of the principle of non-discrimination that takes into account the 'regulatory unlikeness' between SWFs and other market suppliers/investors will allow the Host States to properly regulate them after their entry into their markets. Such a conceptualisation – contrary to usual analyses – draws heavily from International Investment law in order to interpret the relevant provisions of the GATS. | en |
dc.format.mimetype | application/pdf | en |
dc.language.iso | en | en |
dc.publisher | European University Institute | en |
dc.relation.ispartofseries | EUI | en |
dc.relation.ispartofseries | LAW | en |
dc.relation.ispartofseries | PhD Thesis | en |
dc.rights | info:eu-repo/semantics/openAccess | en |
dc.subject.lcsh | Investments, Foreign -- Law and legislation | |
dc.subject.lcsh | Investments, Foreign (International law) | |
dc.subject.lcsh | Sovereign wealth funds -- Law and legislation | |
dc.title | Sovereign wealth funds in international economic law | en |
dc.type | Thesis | en |
dc.identifier.doi | 10.2870/515417 | |
eui.subscribe.skip | true | |
dc.embargo.terms | 2020-06-24 | |