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States as Foreign Investors: Diplomatic Disputes and Legal Fictions

Poulsen, L; (2016) States as Foreign Investors: Diplomatic Disputes and Legal Fictions. ICSID Review , 31 (1) pp. 12-23. 10.1093/icsidreview/siv055. Green open access

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Abstract

The investment treaty regime is challenged by the growing stock of foreign investments conducted by States themselves. With arbitrators seemingly keen on expanding the jurisdictional scope of investment treaty arbitration to cover a wide range of sovereign investments, host governments might have to revisit key investment treaty provisions to ensure a prudent and coherent governance of the globalization of State capitalism.

Type: Article
Title: States as Foreign Investors: Diplomatic Disputes and Legal Fictions
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/icsidreview/siv055
Publisher version: http://dx.doi.org/10.1093/icsidreview/siv055
Language: English
Additional information: This is a pre-copyedited, author-produced PDF of an article accepted for publication in ICSID Review following peer review. The version of record, Poulsen, L; (2016) States as Foreign Investors: Diplomatic Disputes and Legal Fictions. ICSID Review, 31 (1) pp. 12-23, is available online at: http://dx.doi.org/10.1093/icsidreview/siv055.
Keywords: The investment treaty regime is challenged by the growing stock of foreign investments conducted by States themselves. With arbitrators seemingly keen on expanding the jurisdictional scope of investment treaty arbitration to cover a wide range of sovereign investments, host governments might have to revisit key investment treaty provisions to ensure a prudent and coherent governance of the globalization of State capitalism.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS > Dept of Political Science
URI: https://discovery.ucl.ac.uk/id/eprint/1475625
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