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AuthorChaisse, Julien
Available date2015-12-01T09:54:29Z
Publication Date2015-03
Publication NameInternational Review of Law
CitationChaisse J. Assessing the relevance of multilateral trade law to sovereign investments: Sovereign Wealth Funds as “investors” under the General Agreement on Trade in Services, International Review of Law 2015:swf.9
ISSN2223-859X
URIhttp://dx.doi.org/10.5339/irl.2015.swf.9
URIhttp://hdl.handle.net/10576/3879
AbstractThe variety of investments made by powerful Sovereign Wealth Funds (SWFs) is often directed to the globally booming service sector which is regulated by the General Agreement on Trade in Services (GATS). This paper analyses the scope, substance and procedural rights which may benefit SWFs. The basic principles of World Trade Organization (WTO) law provide a legal framework for regulating SWF investment while the members’ specific commitments may provide significant liberalization. These positive elements for SWFs are tempered by the existence of exceptions and the relative shortcomings of state-to-state dispute settlement in the WTO and the lack of retroactive remedy. However, the paper shows that far from being perfect and complete, the GATS provides an international basis for SWFs to devise their investment strategies and an ideal forum in which to obtain further liberalization in current negotiations.
Languageen
PublisherBloomsbury Qatar Foundation Journals
SubjectWorld Trade Organization
General Agreement on Trade in Services
commercial presence
Mode 3
exceptions
TitleAssessing the relevance of multilateral trade law to sovereign investments: Sovereign Wealth Funds as “investors” under the General Agreement on Trade in Services
TypeArticle
Issue Number2
Volume Number2015
dc.accessType Open Access


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