Beyond Borders, Beyond Certainty. A Critical Analysis of Legal Frameworks for Sovereign Wealth Fund Investments

Résumé ou Introduction

Sovereign Wealth Funds (SWFs), currently wielding over $10 trillion in assets, navigate a complex legal landscape during cross-border investments (International Monetary Fund (IMF), 2023). This intricate tapestry, lacking explicit treaty protections and riddled with diverse domestic frameworks, exposes them to unique challenges (Deutser & Kotsch, 2022). This Article delves into this labyrinth, offering a critical analysis interwoven with practical solutions, sophisticated legal considerations, and an exploration of emerging technologies' impact. Recognizing the multifaceted nature of SWFs and the legal tapestry surrounding them, the analysis dissects existing frameworks' limitations (Fidler, 2019), proposes potential legal reforms and harmonized investment treaties (Drezner, 2022), and examines dispute resolution mechanisms for fostering trust (Schmitthoff, 2018). Exploring the applicability of customary international law (Cassese, 2010), emerging legal doctrines (Miles & Rajwani, 2023), and investor-state arbitration (Shearer & Grimmer, 2020), the Article navigates the evolving legal landscape. Further, it examines the impact of blockchain and artificial intelligence on SWF investments and legal frameworks (Chen & Lu, 2023). Ultimately, this Article aims to weave a more resilient tapestry of international investment protection for SWFs, promoting responsible investment, and economic growth, and safeguarding the interests of both SWFs and host countries.