Actors in international law are presumed to be states. Yet in the international economic law arena, the corporation is one of the most prominent non-state actors. Indeed, in some instances, the corporation may even be more influential than the state in some arenas of international economic law....

This essay, prepared for the Georgetown Journal of International Law's 2009 symposium on sovereign wealth funds (SWFs), considers SWF investment from a novel perspective: How do the external forces acting on sovereign wealth funds and target firms, such as recipient country public sentiment and...

International financial relations have largely been defined by cross-border trade, foreign direct investments, and global banking relations. This paper demonstrates that another activity, sovereign investments by special vehicles known as sovereign wealth funds, is rapidly redefining the...

This paper studies the regulatory issues related to the “Sovereign Wealth Funds” (SWFs), described as “special purpose” government investment vehicles.Concerns have been expressed due to SWFs limited disclosure and transparency and their multiple investment objectives.While the risk of a...

Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...

Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...

Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...