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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
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Piercing the Veil of State Enterprises in International Arbitration (Hardcover)
Loot Price: R5,890
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Piercing the Veil of State Enterprises in International Arbitration (Hardcover)
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State enterprises are separate and legally independent from the
state and should therefore be treated in the same manner as private
corporations - that is, neither privileged nor disadvantaged.
However, the records of international arbitration show that the
corporate veil of state enterprises has rarely, if ever, been
pierced. This important book asks why this is so, and takes a giant
step towards establishing the circumstances under which the rules
of international law may allow piercing the veil of state corporate
enterprises. To answer the questions of how far we should go in
holding states responsible for the acts of their enterprises, and
which principles should be applied, the author focuses on the
theory of state attribution, ultimately concluding that, when it
comes to enterprises owned or controlled by states, veil-piercing
constitutes a special form of attribution. Along the way the
following issues and their interrelations come up for discussion:
responsibility of states for corporate action in investment law;
relevant cases under the law of human rights, EU Competition law,
WTO law, and, public international law; decisions issued by the ICJ
and by the national courts; state enterprises acting as recipients
of foreign investment, as well as foreign investors;; how recent
developments in investment law grant non-state actors the right to
sue states at an equal level; piercing the corporate veil in
investment arbitration; why a state minister might not represent a
state in the same way as a director binds a company. Analysis of
the law of state attribution includes detailed commentary on
portions of the ILC Articles on State Responsibility, the Algiers
Declaration of 1981, the North American Free Trade Agreement
(NAFTA), the Energy Charter Treaty of 2007 (ECT), and the ICSID
Convention. This book's elucidation of the legal and political
levers of the current global order is evident in every chapter. For
its systematic discovery of the patterns of state responsibility in
relation to state enterprises, and for its crystallization of the
place of these corporations in international law, this book will
appeal to a wide range of practitioners and academics.
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