Abstract
AbstractThis article addresses the issue of how to regulate SOEs in the international trade and investment regime. Latest bilateral treaties and multilateral agreements in the area of trade and investment, no matter during the negotiation or the outcome of final texts, have paid extensive attention to state-owned/controlled enterprises (SOEs) in common. The rules relating to SOEs tend to imitate one another. By looking at the rules specified in the Draft Trans-Pacific Partnership Agreement, Comprehensive Progressive Trans-Pacific Partnership, the Transatlantic Trade and Investment Partnership (TTIP), etc., the nature and essence of these rules relating to SOEs will be found. These rules, in general, regulate SOEs in terms of their advantages received from governments, their activities in the market, their monopolistic status in the market, their relationship with governments, etc. By comparison with rules speculated in the GATT, WTO and other bilateral trade and investment agreements decades ago, it can be observed that new developments in international law have taken place in accordance with the role of SOEs played in international trade and investment areas. This chapter will analyse the evolution of these rules relating to SOEs, and the direction they will go forward in the coming days.KeywordsState-owned/controlled enterprisesNon-commercial assistanceMonopoliesFree trade agreements
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