@book{2026:palavecino_muoz:the_standi,
title = {The Standing of State-Owned Enterprises as Claimants in Investor-State Dispute Settlement},
year = {2026},
note = {The book examines how the rise of state capitalism and the growing
role of state-owned enterprises (SOEs) in foreign direct investment
are reshaping international investment law. It asks whether, and under
what conditions, SOEs should have standing in investor–State dispute
settlement, with a particular focus on the USMCA. The manuscript
critically assesses the Agreement’s 'non-market economy' clause,
arguing that it creates a politically driven and legally uncertain
exclusion mechanism. As an alternative, it proposes a principled
framework based on ownership, control and commercial activity, seeking
to safeguard the depoliticised character and legitimacy of ISDS in the
'geoeconomic era.'},
edition = {1},
publisher = {Tectum},
address = {Baden-Baden},
series = {Young Academics: Rechtswissenschaft},
volume = {36},
author = {Palavecino Muñoz, Franco}
}