Abstract
This paper sets forth three arguments in relation to the regulation of Chinese state-owned enterprises (SOEs) in national foreign investment laws. First, there is a broad convergence in national foreign investment laws on how to regulate Chinese SOEs when they make cross-border investments. Second, the nature and function of SOEs in China’s socialist market economy is still poorly understood. Consequently, the broad convergence in SOE regulation in national foreign investment laws remains too crude a legal criterion in practice. Third, the complexity of Chinese SOEs in Chinese political and economic context calls for a more nuanced approach to regulate SOEs in national foreign investment laws.