How to Free and Restrain Sovereign Wealth Funds?: the Role of Law in Striking a Balance
PhD student: Mrs E. Malathouni
Promotor: Prof P.L.H. van den Bossche
Duration: 1/3/2010 - 28/2/2014
Sovereign wealth funds (SWFs) are government- controlled investment vehicles engaging in foreign direct investment (FDI) and portfolio investment. SWF investments have aroused much controversy over their true objectives. Allegations of profit- maximization held by SWF holder countries are heavily contested by SWF recipient countries who discern a hidden geo-political agenda in SWF investment decisions. To this end, SWF recipient countries bar SWF investments from their territory on grounds of societal values, thereby depriving themselves of much needed FDI and SWF holder countries of investment opportunities. The main objective of this study is to assess the role of law, and in particular the general principles of non- discrimination, transparency, accountability and proportionality in reconciling the flow of SWF investments with the parallel protection of societal values.