State-Owned Enterprises and Threats to National Security Under Investment Treaties

Chinese Journal of International Law (June, 2020) https://doi.org/10.1093/chinesejil/jmaa014

43 Pages Posted: 30 Oct 2020

See all articles by Mark McLaughlin

Mark McLaughlin

Singapore Management University - Yong Pung How School of Law

Date Written: August 18, 2020

Abstract

The internationalization of investment by State-owned enterprises is driving the evolution of foreign investment regulation throughout the Western world. National security lies at the heart of host State concerns, yet the contours of the concept remain indistinct. Consequently, State-owned enterprises are subject to differential legal standards that can be vague and ambiguous. This article considers whether, and under what circumstances, host State security measures targeting State-owned enterprises comply with obligations under investment treaties. Provision for pre-establishment national treatment and security exceptions will be crucial in balancing the autonomy afforded to host States to protect their national security, and guarding State-owned enterprises against protectionist or discriminatory measures.

Keywords: Chinese investment, state-owned enterprises, international investment law

Suggested Citation

McLaughlin, Mark, State-Owned Enterprises and Threats to National Security Under Investment Treaties (August 18, 2020). Chinese Journal of International Law (June, 2020) https://doi.org/10.1093/chinesejil/jmaa014, Available at SSRN: https://ssrn.com/abstract=3681918 or http://dx.doi.org/10.2139/ssrn.3681918

Mark McLaughlin (Contact Author)

Singapore Management University - Yong Pung How School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

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