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State and Enterprise: Legal Issues in the Global Market (eBook)

Edited by: Maria Rosaria Mauro, Federico Pernazza

ISBN13: 9783031104732
Published: February 2023
Publisher: Springer International
Country of Publication: Switzerland
Format: eBook (ePub)
Price: £159.50
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This book addresses the regulation of the State/Enterprise relationship in the framework of international economic context. It analyzes this relationship from the discrete perspectives of conflict, cooperation, and integration in contributions by authors representing a diverse range of legal cultures and political backgrounds.

The topic is investigated following three approaches:

  • State versus Enterprise (the State which bans, restricts, or regulates the activities of Enterprises, both domestic and foreign)
  • Enterprise versus State (the Enterprises, main actors of commercial, industrial or financial initiatives, which may directly or indirectly affect the legal and economic structure of the State)
  • State as Enterprise and Enterprise as State (public Enterprises under political control that pursue geopolitical goals, and Enterprises that rely on the political, financial, and strategic support of the State for their business expansion)

Furthermore, the volume includes a special focus on the relationship State/Enterprise in non-capitalist economies (China, Russia, and Cuba).

International Trade, eBooks, Law and Economics
General Introduction. State and Enterprise in the Global Market by Maria Rosaria Mauro and Federico Pernazza
Part I - State versus Enterprise
The national security clauses in international economic agreements: a loophole for States to escape their obligations? by Saverio Di Benedetto
The US Regulation of Foreign Direct Investments by Andrea Guaccero
Golden Powers in Strategic Sectors: A European Perspective by Gianluca Scarchillo
The PRC Regulation of Foreign Direct Investment by Enrico Toti
Part II - State as Enterprise/Enterprise as State: Management of Public Economic Entities
Fair, Accountable and Controlled by Guy Horsmans and Guillaume Horsmans
The Role of State-Owned Enterprises in the Economic Transnational Relations by Federico Pernazza
The Emergence of Sovereign Wealth Funds as New 'Foreign Investors': Problems and Perspectives by Maria Rosaria Mauro
Sustainable Procurement: The Active Role of the State in Building a Sustainable and Inclusive Economic Growth by Barbara De Donno and Livia Ventura
Part III - Enterprise v. State
The Relationship between a Host State and a Foreign Corporate Investor. A Few Remarks under International and EU Law by Pia Acconci
Antitrust Law in Digital Markets by Gianluca Contaldi
Clip Their Wings! Developments in the "Fight" Against Vulture Funds by Domenico Pauciulo
When the Protection of Private Investors Prevails on the Interest of the Host State (or almost so): The Perenco v. Ecuador Case by Martina Di Lollo
Part IV - State and Enterprise in State Capitalist Economies
Emerging Rules on Fair Trade and Reform of State-owned Enterprises in China by Qingjiang Kong
White Stains of State Support Measures for Small and Medium-Sized Businesses in Russia by Kseniya Tyurenkova
Reflections on Foreign Investment and the New Subjects on the Cuban Economy by Freddy Andres Hung Gil
Part V - Conclusion
Final Remarks by Diego Corapi