Sovereign Wealth Funds and State Immunity
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Sovereign Wealth Funds and State Immunity
Argentini, Marco
Brill
10/2024
244
Dura
9789004710788
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????Acknowledgment??
Abbreviations??
International and Domestic Documents??
Table of Cases??
General Introduction??
?1?Problem Statement
?2?Research Question
?3?Selected Jurisdictions and Structure
Part 1?
swf????s: History, Definitions and Core Elements?
?Introduction to Part 1??
1???The Development of ?swf????s as New State Investment Vehicles??
?1?The Emergence of swf?s
?1.1?Historical Antecedents: The India Companies and the Industrial Revolution (before 1953)??
?1.2?The Genesis of Commodity and Non-commodity ?swf????s (between 1953 and the Mid-1990s)??
?1.3?The Expansion of ?swf????s: The Asian Financial Crisis and the Rise of Crude Oil Price (between the Mid-1990s and 2005)??
?1.4?swf????s Achieving International Prominence (after 2005)??
?2?The Quest for a Definition of swf?s: the Main Scholarly Definitions
?2.1?The First Definitions??
?2.2?swf????s as Government-Managed Entities Seeking Higher Rates of Returns??
?2.3?Definitions Focusing on ?swf????s' Liability??
?2.4?Definitions Based on How ?swf????s Are Managed??
?2.5?The Relevance of Funds' Ownership and Purposes??
?3?Institutional Attempts to Define and Regulate swf?s
?3.1?imf? Definitions??
?3.2?The 'Santiago Principles'??
?3.3?Other Definitions Provided by International Organizations??
?4?Differences between swf?s and Other Cognate Entities
?4.1?swf????s and State-Owned Enterprises??
?4.2?swf????s and Public Pension Funds??
?4.3?swf????s and International Reserves??
2???swf????s' Core Elements??
?1?Legal Structure
?2?Governance
?3?Source of Assets
?4?Purpose
?4.1?Diplomatic and Political Tool??
?4.2?National Development Tool??
?4.3?Stabilisation and Diversification Tool??
?4.4?Intergenerational Savings Tool??
?5?Types of Investments
?Provisional Conclusions
Part 2?
swf????s and Adjudicative Immunity?
?Introduction to Part 2??
3???The ?uncsi? as an Attempt to Codify International Law on State Immunity??
?1?Relevance of the Convention for Development of a Customary Rule
?2?Framing of swf?s into the Notion of 'State'
?3?The Commercial Exception to Adjudicative Immunity
?4?swf?s with an Independent Legal Personality and Immunity of the Parent State
4???The Common Law Approach to Adjudicative Immunity: Two Archetypes of Statutory Norms??
?1?United States
?1.1?Pool-of-Assets ?swf????s??
?1.2?swf????s Established with Independent Legal Personality??
?1.3?The Commercial Exception Under the ?fsia???
?2?United Kingdom
?2.1?Qualification of a Pool-of-Assets ?swf? as a 'Department of Government'??
?2.2?The Commercial Exception Under the ?sia???
?2.3?swf????s Established as Separate Entities??
5???The Civil Law Approach to Adjudicative Immunity??
?1?France
?2?Germany
?3?Italy
?4?China
?4.1?Once Upon a Time: ?prc? as the Last Bastion of Absolute Immunity??
?4.2?State Immunity and ?swf????s before 2023??
?4.3?The Current Scenario??
?Provisional Conclusions
Part 3?
swf????s and Immunity from Execution?
?Introduction to Part 3??
6???The 2004 UN Convention??
?1?Beneficiaries of Immunity from Execution Under the uncsi
?2?Differences between Pre- and Post-judgment Measures. The Commercial Exception
?3?Piercing the Corporate Veil according to the uncsi
7???The US ?fsia? and the UK ?sia???
?1?United States
?1.1?Post-judgment Attachment: Pool-of-Assets ?swf????s??
?1.2?Post-judgment Attachment: ?swf????s Established as Separate Entities??
?1.3?Pre-judgment Attachment??
?2?United Kingdom
?2.1?Post-judgment Execution. The Commercial Exception??
?2.2?Pre-judgment Attachment??
?2.3?swf????s with Separate Legal Personality??
8???European Civil Law Jurisdictions: France, Germany and Italy??
?1?France
?1.1?From 'Eurodif' to the 'Sapin 2' Law??
?1.2?French Courts' Decisions on ?swf????s' Property??
?2?Germany
?3?Italy
?3.1?Pre-judgment Measures??
?4?China
?4.1?Pre-2023: China's Traditional Approach towards Immunity from Execution??
?4.2?Post-2023: China's Adherence to the Restrictive Doctrine of State Immunity??
?Provisional Conclusions
Part 4?
Immunity of ?swf????s Managed by Central Banks?
?Introduction to Part 4??
9???The Umbrella Protection of Central Banks to ?swf????s??
?1?swf?s in Systems Providing for Near-Absolute Protection to Central Bank Assets
?1.1?The ?uncsi???
?1.2?United Kingdom??
?1.3?China??
?2?swf?s and the 'Purpose' Test in Jurisdictions Granting a Milder Protection to Central Banks
?2.1?United States??
?2.2?France??
?2.3?Germany??
?3?A Recent Trend to Be Monitored on Denying Immunity to swf?s Managed by Central Banks: Stati v. Kazakhstan???
?Provisional Conclusions
?Concluding Remarks: General Trends on ?swf????s and State Immunity??
Bibliography??
Index??
Abbreviations??
International and Domestic Documents??
Table of Cases??
General Introduction??
?1?Problem Statement
?2?Research Question
?3?Selected Jurisdictions and Structure
Part 1?
swf????s: History, Definitions and Core Elements?
?Introduction to Part 1??
1???The Development of ?swf????s as New State Investment Vehicles??
?1?The Emergence of swf?s
?1.1?Historical Antecedents: The India Companies and the Industrial Revolution (before 1953)??
?1.2?The Genesis of Commodity and Non-commodity ?swf????s (between 1953 and the Mid-1990s)??
?1.3?The Expansion of ?swf????s: The Asian Financial Crisis and the Rise of Crude Oil Price (between the Mid-1990s and 2005)??
?1.4?swf????s Achieving International Prominence (after 2005)??
?2?The Quest for a Definition of swf?s: the Main Scholarly Definitions
?2.1?The First Definitions??
?2.2?swf????s as Government-Managed Entities Seeking Higher Rates of Returns??
?2.3?Definitions Focusing on ?swf????s' Liability??
?2.4?Definitions Based on How ?swf????s Are Managed??
?2.5?The Relevance of Funds' Ownership and Purposes??
?3?Institutional Attempts to Define and Regulate swf?s
?3.1?imf? Definitions??
?3.2?The 'Santiago Principles'??
?3.3?Other Definitions Provided by International Organizations??
?4?Differences between swf?s and Other Cognate Entities
?4.1?swf????s and State-Owned Enterprises??
?4.2?swf????s and Public Pension Funds??
?4.3?swf????s and International Reserves??
2???swf????s' Core Elements??
?1?Legal Structure
?2?Governance
?3?Source of Assets
?4?Purpose
?4.1?Diplomatic and Political Tool??
?4.2?National Development Tool??
?4.3?Stabilisation and Diversification Tool??
?4.4?Intergenerational Savings Tool??
?5?Types of Investments
?Provisional Conclusions
Part 2?
swf????s and Adjudicative Immunity?
?Introduction to Part 2??
3???The ?uncsi? as an Attempt to Codify International Law on State Immunity??
?1?Relevance of the Convention for Development of a Customary Rule
?2?Framing of swf?s into the Notion of 'State'
?3?The Commercial Exception to Adjudicative Immunity
?4?swf?s with an Independent Legal Personality and Immunity of the Parent State
4???The Common Law Approach to Adjudicative Immunity: Two Archetypes of Statutory Norms??
?1?United States
?1.1?Pool-of-Assets ?swf????s??
?1.2?swf????s Established with Independent Legal Personality??
?1.3?The Commercial Exception Under the ?fsia???
?2?United Kingdom
?2.1?Qualification of a Pool-of-Assets ?swf? as a 'Department of Government'??
?2.2?The Commercial Exception Under the ?sia???
?2.3?swf????s Established as Separate Entities??
5???The Civil Law Approach to Adjudicative Immunity??
?1?France
?2?Germany
?3?Italy
?4?China
?4.1?Once Upon a Time: ?prc? as the Last Bastion of Absolute Immunity??
?4.2?State Immunity and ?swf????s before 2023??
?4.3?The Current Scenario??
?Provisional Conclusions
Part 3?
swf????s and Immunity from Execution?
?Introduction to Part 3??
6???The 2004 UN Convention??
?1?Beneficiaries of Immunity from Execution Under the uncsi
?2?Differences between Pre- and Post-judgment Measures. The Commercial Exception
?3?Piercing the Corporate Veil according to the uncsi
7???The US ?fsia? and the UK ?sia???
?1?United States
?1.1?Post-judgment Attachment: Pool-of-Assets ?swf????s??
?1.2?Post-judgment Attachment: ?swf????s Established as Separate Entities??
?1.3?Pre-judgment Attachment??
?2?United Kingdom
?2.1?Post-judgment Execution. The Commercial Exception??
?2.2?Pre-judgment Attachment??
?2.3?swf????s with Separate Legal Personality??
8???European Civil Law Jurisdictions: France, Germany and Italy??
?1?France
?1.1?From 'Eurodif' to the 'Sapin 2' Law??
?1.2?French Courts' Decisions on ?swf????s' Property??
?2?Germany
?3?Italy
?3.1?Pre-judgment Measures??
?4?China
?4.1?Pre-2023: China's Traditional Approach towards Immunity from Execution??
?4.2?Post-2023: China's Adherence to the Restrictive Doctrine of State Immunity??
?Provisional Conclusions
Part 4?
Immunity of ?swf????s Managed by Central Banks?
?Introduction to Part 4??
9???The Umbrella Protection of Central Banks to ?swf????s??
?1?swf?s in Systems Providing for Near-Absolute Protection to Central Bank Assets
?1.1?The ?uncsi???
?1.2?United Kingdom??
?1.3?China??
?2?swf?s and the 'Purpose' Test in Jurisdictions Granting a Milder Protection to Central Banks
?2.1?United States??
?2.2?France??
?2.3?Germany??
?3?A Recent Trend to Be Monitored on Denying Immunity to swf?s Managed by Central Banks: Stati v. Kazakhstan???
?Provisional Conclusions
?Concluding Remarks: General Trends on ?swf????s and State Immunity??
Bibliography??
Index??
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
????Acknowledgment??
Abbreviations??
International and Domestic Documents??
Table of Cases??
General Introduction??
?1?Problem Statement
?2?Research Question
?3?Selected Jurisdictions and Structure
Part 1?
swf????s: History, Definitions and Core Elements?
?Introduction to Part 1??
1???The Development of ?swf????s as New State Investment Vehicles??
?1?The Emergence of swf?s
?1.1?Historical Antecedents: The India Companies and the Industrial Revolution (before 1953)??
?1.2?The Genesis of Commodity and Non-commodity ?swf????s (between 1953 and the Mid-1990s)??
?1.3?The Expansion of ?swf????s: The Asian Financial Crisis and the Rise of Crude Oil Price (between the Mid-1990s and 2005)??
?1.4?swf????s Achieving International Prominence (after 2005)??
?2?The Quest for a Definition of swf?s: the Main Scholarly Definitions
?2.1?The First Definitions??
?2.2?swf????s as Government-Managed Entities Seeking Higher Rates of Returns??
?2.3?Definitions Focusing on ?swf????s' Liability??
?2.4?Definitions Based on How ?swf????s Are Managed??
?2.5?The Relevance of Funds' Ownership and Purposes??
?3?Institutional Attempts to Define and Regulate swf?s
?3.1?imf? Definitions??
?3.2?The 'Santiago Principles'??
?3.3?Other Definitions Provided by International Organizations??
?4?Differences between swf?s and Other Cognate Entities
?4.1?swf????s and State-Owned Enterprises??
?4.2?swf????s and Public Pension Funds??
?4.3?swf????s and International Reserves??
2???swf????s' Core Elements??
?1?Legal Structure
?2?Governance
?3?Source of Assets
?4?Purpose
?4.1?Diplomatic and Political Tool??
?4.2?National Development Tool??
?4.3?Stabilisation and Diversification Tool??
?4.4?Intergenerational Savings Tool??
?5?Types of Investments
?Provisional Conclusions
Part 2?
swf????s and Adjudicative Immunity?
?Introduction to Part 2??
3???The ?uncsi? as an Attempt to Codify International Law on State Immunity??
?1?Relevance of the Convention for Development of a Customary Rule
?2?Framing of swf?s into the Notion of 'State'
?3?The Commercial Exception to Adjudicative Immunity
?4?swf?s with an Independent Legal Personality and Immunity of the Parent State
4???The Common Law Approach to Adjudicative Immunity: Two Archetypes of Statutory Norms??
?1?United States
?1.1?Pool-of-Assets ?swf????s??
?1.2?swf????s Established with Independent Legal Personality??
?1.3?The Commercial Exception Under the ?fsia???
?2?United Kingdom
?2.1?Qualification of a Pool-of-Assets ?swf? as a 'Department of Government'??
?2.2?The Commercial Exception Under the ?sia???
?2.3?swf????s Established as Separate Entities??
5???The Civil Law Approach to Adjudicative Immunity??
?1?France
?2?Germany
?3?Italy
?4?China
?4.1?Once Upon a Time: ?prc? as the Last Bastion of Absolute Immunity??
?4.2?State Immunity and ?swf????s before 2023??
?4.3?The Current Scenario??
?Provisional Conclusions
Part 3?
swf????s and Immunity from Execution?
?Introduction to Part 3??
6???The 2004 UN Convention??
?1?Beneficiaries of Immunity from Execution Under the uncsi
?2?Differences between Pre- and Post-judgment Measures. The Commercial Exception
?3?Piercing the Corporate Veil according to the uncsi
7???The US ?fsia? and the UK ?sia???
?1?United States
?1.1?Post-judgment Attachment: Pool-of-Assets ?swf????s??
?1.2?Post-judgment Attachment: ?swf????s Established as Separate Entities??
?1.3?Pre-judgment Attachment??
?2?United Kingdom
?2.1?Post-judgment Execution. The Commercial Exception??
?2.2?Pre-judgment Attachment??
?2.3?swf????s with Separate Legal Personality??
8???European Civil Law Jurisdictions: France, Germany and Italy??
?1?France
?1.1?From 'Eurodif' to the 'Sapin 2' Law??
?1.2?French Courts' Decisions on ?swf????s' Property??
?2?Germany
?3?Italy
?3.1?Pre-judgment Measures??
?4?China
?4.1?Pre-2023: China's Traditional Approach towards Immunity from Execution??
?4.2?Post-2023: China's Adherence to the Restrictive Doctrine of State Immunity??
?Provisional Conclusions
Part 4?
Immunity of ?swf????s Managed by Central Banks?
?Introduction to Part 4??
9???The Umbrella Protection of Central Banks to ?swf????s??
?1?swf?s in Systems Providing for Near-Absolute Protection to Central Bank Assets
?1.1?The ?uncsi???
?1.2?United Kingdom??
?1.3?China??
?2?swf?s and the 'Purpose' Test in Jurisdictions Granting a Milder Protection to Central Banks
?2.1?United States??
?2.2?France??
?2.3?Germany??
?3?A Recent Trend to Be Monitored on Denying Immunity to swf?s Managed by Central Banks: Stati v. Kazakhstan???
?Provisional Conclusions
?Concluding Remarks: General Trends on ?swf????s and State Immunity??
Bibliography??
Index??
Abbreviations??
International and Domestic Documents??
Table of Cases??
General Introduction??
?1?Problem Statement
?2?Research Question
?3?Selected Jurisdictions and Structure
Part 1?
swf????s: History, Definitions and Core Elements?
?Introduction to Part 1??
1???The Development of ?swf????s as New State Investment Vehicles??
?1?The Emergence of swf?s
?1.1?Historical Antecedents: The India Companies and the Industrial Revolution (before 1953)??
?1.2?The Genesis of Commodity and Non-commodity ?swf????s (between 1953 and the Mid-1990s)??
?1.3?The Expansion of ?swf????s: The Asian Financial Crisis and the Rise of Crude Oil Price (between the Mid-1990s and 2005)??
?1.4?swf????s Achieving International Prominence (after 2005)??
?2?The Quest for a Definition of swf?s: the Main Scholarly Definitions
?2.1?The First Definitions??
?2.2?swf????s as Government-Managed Entities Seeking Higher Rates of Returns??
?2.3?Definitions Focusing on ?swf????s' Liability??
?2.4?Definitions Based on How ?swf????s Are Managed??
?2.5?The Relevance of Funds' Ownership and Purposes??
?3?Institutional Attempts to Define and Regulate swf?s
?3.1?imf? Definitions??
?3.2?The 'Santiago Principles'??
?3.3?Other Definitions Provided by International Organizations??
?4?Differences between swf?s and Other Cognate Entities
?4.1?swf????s and State-Owned Enterprises??
?4.2?swf????s and Public Pension Funds??
?4.3?swf????s and International Reserves??
2???swf????s' Core Elements??
?1?Legal Structure
?2?Governance
?3?Source of Assets
?4?Purpose
?4.1?Diplomatic and Political Tool??
?4.2?National Development Tool??
?4.3?Stabilisation and Diversification Tool??
?4.4?Intergenerational Savings Tool??
?5?Types of Investments
?Provisional Conclusions
Part 2?
swf????s and Adjudicative Immunity?
?Introduction to Part 2??
3???The ?uncsi? as an Attempt to Codify International Law on State Immunity??
?1?Relevance of the Convention for Development of a Customary Rule
?2?Framing of swf?s into the Notion of 'State'
?3?The Commercial Exception to Adjudicative Immunity
?4?swf?s with an Independent Legal Personality and Immunity of the Parent State
4???The Common Law Approach to Adjudicative Immunity: Two Archetypes of Statutory Norms??
?1?United States
?1.1?Pool-of-Assets ?swf????s??
?1.2?swf????s Established with Independent Legal Personality??
?1.3?The Commercial Exception Under the ?fsia???
?2?United Kingdom
?2.1?Qualification of a Pool-of-Assets ?swf? as a 'Department of Government'??
?2.2?The Commercial Exception Under the ?sia???
?2.3?swf????s Established as Separate Entities??
5???The Civil Law Approach to Adjudicative Immunity??
?1?France
?2?Germany
?3?Italy
?4?China
?4.1?Once Upon a Time: ?prc? as the Last Bastion of Absolute Immunity??
?4.2?State Immunity and ?swf????s before 2023??
?4.3?The Current Scenario??
?Provisional Conclusions
Part 3?
swf????s and Immunity from Execution?
?Introduction to Part 3??
6???The 2004 UN Convention??
?1?Beneficiaries of Immunity from Execution Under the uncsi
?2?Differences between Pre- and Post-judgment Measures. The Commercial Exception
?3?Piercing the Corporate Veil according to the uncsi
7???The US ?fsia? and the UK ?sia???
?1?United States
?1.1?Post-judgment Attachment: Pool-of-Assets ?swf????s??
?1.2?Post-judgment Attachment: ?swf????s Established as Separate Entities??
?1.3?Pre-judgment Attachment??
?2?United Kingdom
?2.1?Post-judgment Execution. The Commercial Exception??
?2.2?Pre-judgment Attachment??
?2.3?swf????s with Separate Legal Personality??
8???European Civil Law Jurisdictions: France, Germany and Italy??
?1?France
?1.1?From 'Eurodif' to the 'Sapin 2' Law??
?1.2?French Courts' Decisions on ?swf????s' Property??
?2?Germany
?3?Italy
?3.1?Pre-judgment Measures??
?4?China
?4.1?Pre-2023: China's Traditional Approach towards Immunity from Execution??
?4.2?Post-2023: China's Adherence to the Restrictive Doctrine of State Immunity??
?Provisional Conclusions
Part 4?
Immunity of ?swf????s Managed by Central Banks?
?Introduction to Part 4??
9???The Umbrella Protection of Central Banks to ?swf????s??
?1?swf?s in Systems Providing for Near-Absolute Protection to Central Bank Assets
?1.1?The ?uncsi???
?1.2?United Kingdom??
?1.3?China??
?2?swf?s and the 'Purpose' Test in Jurisdictions Granting a Milder Protection to Central Banks
?2.1?United States??
?2.2?France??
?2.3?Germany??
?3?A Recent Trend to Be Monitored on Denying Immunity to swf?s Managed by Central Banks: Stati v. Kazakhstan???
?Provisional Conclusions
?Concluding Remarks: General Trends on ?swf????s and State Immunity??
Bibliography??
Index??
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
