TDM Call for Papers for a Special Issue on "International Investment and Competition Law in AND with the Global South"
8 November 2018
Update July 2022: the papers that have been acccepted for publication in this special will be included in the next regular issue of TDM. Proposals for this specific special are no longer accepted, but in general proposals for TDM articles remain welcome of course. Contact info@transnational-dispute-management.com if you have any questions or suggestions.
We are pleased to announce a forthcoming Special Issue of Transnational Dispute Management (TDM, ISSN 1875-4120, www.transnational-dispute-management.com) on "International Investment and Competition Law in AND with the Global South."
This Special Issue will explore past and recent legislative and regulatory reforms as well as international investment and competition-related litigation with a special focus on the Global South.
70% of the Belt and Road FDI is made by Chinese State Owned Enterprises (SOEs), while China Anti-Monopoly Law (AML) is still quite recent and went into effect only in 2008. The Chinese case, although out of the ordinary and of an unprecedented magnitude, is not totally isolated. As a matter of fact, the Brazilian government, both directly and indirectly, owns more than 5% of the voting shares in ten out of the top 20 Brazilian MNEs investing abroad. A number of Global South players, such as India with its retail industry, still very much protect certain sectors of their domestic markets. At the same time, they are trying to embrace a liberal and competition friendly discourse deemed beneficial to their opening-up policies and growth. The creation of a level playing field for international investors and investments hence remains a delicate task based on legislative efforts and the setting of new regulatory institutions. This transition period may create uncertainty and lead, as well, to investment disputes in which competition plays a key role.
This TDM Special Issue is aimed at critically examining the theoretical bases and practical links and tensions between international investment law and competition, including in new and fast growing areas of the global economy such as digital trade and investment. In creating a balance of rights and obligations, modern competition law regulates, protects and promotes investment in a Global South where economic structures and State strategies are still quite unique.
Possible topics for submission include the following issues, which will be addressed from Global South and/or comparative perspectives (country/and/or region based):
- Economic Theory, Development and International Investment Law: How is Competition Addressed
- International Investment Agreements (IIAs) and Competition
- Public Procurements, Investment and Competition Law
- State Owned Enterprises (SOEs), Investment and Competition
- Sovereign Wealth Fund, Investment and Competition
- State Aid, Investment and Competition
- Tax, Investment and Competition
- Public Interest, Investment and Competition
- Transparency, Competition and Investment
- Digital Economy, Investment and Competition
- International Collaboration; Regulatory Harmonization, Investment and Competition
- Investment Arbitration and Competition
- Commercial Arbitration, Investment and Competition
- Institutional Framework - How Institutions play a role in investment and competition (Development Assistance, State Aid, EximBanks, Official Political Risk Insurance Providers)
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