Are Public Sector Assets by Nature Insuitable for Financing Transnational Investments?


Does the legal regime applicable to publicly owned assets constitute a policy instrument to protect public investment? In what way can this benefit public sector property ? Are the structures of the regime sufficiently well established to provide investors with enough certainty?

This paper aims to answer these questions by taking a trans-national perspective. The main concern is to resolve the problems of ownership or non-ownership of public sector assets in the context of financing trans-national investments.

This paper responds to this issue by examining (in two stages) the various consequences for trans-national investment; the first regarding the acquisition of public sector property (I) and the second regarding the public property regime itself (II).


Antitrust and Trade Regulation | Comparative and Foreign Law | International Law | International Trade Law | Law and Economics | Legislation | Public Law and Legal Theory

Date of this Version

March 2005