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Internatioal Regulations on SWFs and Coping Strategies of China

Author: LiuRongRong
Tutor: ZhangGuoYuan
School: East China University of Political Science
Course: International law
Keywords: Sovereign funds National security Transparency Governance model Legal basis
CLC: D996
Type: Master's thesis
Year: 2011
Downloads: 55
Quote: 0
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Abstract


Sovereign wealth funds in recent years more and more attention by all walks of life, including the legal profession is concerned about the legal regulation and internal governance structure. This article introduces the sovereign wealth funds causes, as well as a few more successful legal basis of sovereign wealth funds and governance model to analyze the current development status of sovereign wealth funds, and leads to the Western countries and to take the threat theory \restrictive measures, with special emphasis on the United States as an example consider the regulatory norms of sovereign wealth fund investment based on national security and the public interest, and thus the investment in the issue of sovereign wealth funds and investment in the host country or country differences - Accept States tend to use of the grounds of national security and public interests, relying on the existing legal system to limit the investment behavior of sovereign wealth funds, but such unilateral restrictions may bring the sovereign wealth funds choose to turn to countries or regions relatively liberal investment regulations, measures to cope with such restrictions is not conducive to accept the country's economic development; obstacles to the host countries, receiving countries is based on the grounds of national security and public interests set quite critical but can not be avoided, part of the sovereign wealth fund choices and constantly improve its transparency, reduce investment ratio partly select Quxianjiuguo way to participate in cross-border investment, investment in private funds, the investment is not free either way are faced status quo. For the differences between the host country with the receiving country, the author further describes the efforts made by the international organizations to resolve conflicts, promote development, the focus of the \States to develop accepted national policy affirms \The value of the investment environment. In the introduction of his country's successful sovereign wealth fund, the analysis of a US-led investment receiving country restriction policy as well as international organizations, soft law nature of the rules, this paper finally explore the development of the Chinese sovereign wealth fund status quo, problems, and deal with, pointed out that China's sovereignty wealth fund existing legal basis, defects and improved governance model. In addition, a brief description and analysis of the legal system of the status quo of China regulate foreign sovereign wealth fund investment in China that foreign sovereign wealth funds invest in our country may not be able to cope with the view of the existing legal system in China, with negative impact, proposed to enact such laws as soon as possible to fill blank recommendations.

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CLC: > Political, legal > Legal > International law > International Economic Law
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