Columbia International Affairs Online: Policy Briefs

CIAO DATE: 11/2012

State-controlled entities as "investors" under international investment agreements

Jo En Low

October 2012

Columbia Center on Sustainable Investment

Abstract

A review of the definition of “investor” and investor-state dispute resolution clauses in 851 international investment agreements (IIAs)[1] reveals that, except in two, state-controlled entities (SCEs) (sovereign wealth funds and state-owned enterprises (SOEs)) have equivalent standing to their purely private counterparts as investors under such IIAs.