The Standing of State-Owned Enterprises as Claimants in Investor-State Dispute Settlement

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.'