The foundations of International economic order in the age of state capitalism

The present chapter is premised on the assumption that the promotion of liberal market values is an important objective of the international economic order, but that so too is (and will be) the preservation of institutional diversity and the capacity for institutional innovation, against which it has always to be balanced. A number of different international rules may apply to state enterprises. After situating state enterprises in the contemporary international legal system looking particularly at economic relations among states, this chapter will focus on the main challenges to regulation that government influence on state enterprises’ activities poses to the two areas of international trade law and international investment law in light of their foundational principles and common subtext.