Small and Medium-Sized Enterprises in International Economic Law

Abstract

While international trade and investment is still dominated by larger multinational enterprises (MNEs), small and medium-sized enterprises (SMEs) are increasingly reaching out beyond their traditional domestic habitat. A significant number of SMEs today are engaged in transboundary trade and investment and in the wake of the digital revolution the phenomenon of ‘born global’ SMEs can be increasingly observed. In addition, many SMEs enter the global economy indirectly via global value chains. International economic law, with its traditional focus on MNEs and their interests, is only slowly waking up to this new reality. At the same time, it is increasingly recognized that the internationalization of SMEs provides the key to creating more sustainable and inclusive global economic growth. The 2015 UN Sustainable Development Goals, for example, expressly call for the facilitation of increased access for SMEs to international trade and investment. This book undertakes a first attempt at systematically analysing the interaction between SMEs and international economic law. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Salient regional and transregional developments are taken into account, including the implications of the TPP and the TTIP negotiations for SMEs. Close attention is also devoted to the concern of many states that further liberalization of international trade and investment would unduly restrict the regulatory space necessary to protect and promote the legitimate interests of domestic SMEs.