SWFs, Recent US Legislative Changes, and Treaty Obligations

• Main Author: HSU, Locknie
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2009
• Subjects: International Trade Law; Transnational Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/917
• Institution: Singapore Management University

A confluence of events has highlighted the role of sovereign wealth funds (SWFs) in recent times, giving rise to debate as to their role, governance, and how national investment regimes view their investments. Important amendments to US investment-screening legislation in 2007 have given rise to some concerns on the part of SWF investors. Apart from national investment-screening laws such as those of the United States and Canada, recipient countries of such funds' investments may have also international or bilateral treaty obligations towards SWFs as foreign investors. Recent international efforts have also produced some 'soft law' instruments to address the governance structures of SWFs and recipient countries' approaches to their investments. This article provides a composite picture of the recent US amendments, relevant international and bilateral treaty obligations, and the recent 'soft law' instruments that together have an impact on SWF investments.