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5. Concluding Remarks

  • 2025
  • OriginalPaper
  • Chapter
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Abstract

This chapter explores how China's economic ascent has triggered a significant shift in the legal and regulatory treatment of state-owned enterprises (SOEs) in international trade and investment agreements. The analysis reveals a move from a traditional governmental authority framework to a stringent ownership and control model, driven by concerns about market distortions and national security risks posed by Chinese SOEs. The chapter maps out three distinct legal approaches—governmental authority, ownership and control, and functional—showing how the ownership and control framework has become dominant due to its utility in targeting Chinese SOEs. It also examines the geopolitical implications of this regulatory shift, including its potential impact on developing nations and the paradox of major economies increasing state intervention while constraining foreign SOEs. The findings underscore the strategic nature of this regulatory transformation and its broader implications for global economic governance and multilateralism.

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Title
Concluding Remarks
Author
Theófilo Miguel Aquino
Copyright Year
2025
DOI
https://doi.org/10.1007/978-3-032-00781-0_5
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