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Sovereign Wealth Funds Briefing - Categorized | Compliance/Regulation/Legal

International legal aspects of SWFs

Posted on 05 December 2008

From SSRN: The prominence of the State as an investor challenges the existing rules of international economic law and of the law of State immunities.

With regard to international economic law, the focus is on the General Agreement on Trade in Services (’GATS’), since this is the only multilateral agreement that has binding rules for investment. The GATS allows the receiving States to adopt preventive measures that restrict investments by SWFs, provided specific conditions are complied with. However, it does not impose restrictions on the activities of the States that make investment by means of SWFs….. Full Article: Source


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