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China And The Global Governance Of Foreign Direct Investment The Emerging Liberal Bilateral Investment Treaty Approach
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Book Synopsis China and the Global Governance of Foreign Direct Investment - The Emerging Liberal Bilateral Investment Treaty Approach by : Axel Berger
Download or read book China and the Global Governance of Foreign Direct Investment - The Emerging Liberal Bilateral Investment Treaty Approach written by Axel Berger and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic and political rise of China has led to considerable controversy regarding potential repercussions for the current global governance architecture. At least two opposing scenarios are conceivable: China's adaptation to the rules and norms system shaped by developed countries or the pursuit of a distinctive policy approach, a possibility that involves the danger of clashing regulatory policies. A recent and increasingly dynamic trend giving substance to the phenomenon of China's rising importance is the growth of outward foreign direct investments (OFDI) by Chinese enterprises. Against this background, the present paper investigates the evolution and change of Chinese international investment policy-making, with a particular focus on bilateral investment treaties (BITs) as the most important legal instrument for the governance of global foreign direct investment (FDI) flows. China has been a committed signatory of BITs since the early 1980s (120 treaties up to 2007). It is thus the second most active contracting party to BITs worldwide, surpassed only by Germany. The traditional Chinese BIT approach, however, has only cautiously supported the legal protection of FDI. As a mere capital-importer, China concluded BITs that contained serious reservations and safeguards intended to preserve policy spaces for the regulation of incoming investments. Starting at the end of the 1990s the Chinese government initiated a decisive policy shift towards a liberal BIT approach characterized by high levels of substantive and procedural investment protection. Upon examining a representative sample of Sino-foreign BITs, this study concludes that the policy shift was a pro-active decision of the Chinese government intended to introduce liberal treaty provisions first and foremost with developing countries which are the main destination of Chinese OFDI. A further explanation for this development may be found in the great importance attached to the promotion of OFDI through the “Going Global” strategy announced by the Chinese government at the end of the 1990s. In sum, this paper concludes that China has adopted a complementary rather than a competitive approach in the field of global FDI governance. China has fully agreed to standards of the current international liberal regime for FDI protection and has become an important global player in this context. This policy shift will yield consequences for China itself by levelling the playing field for international investors. Furthermore, developing countries that have concluded BITs with China will face a further reduction of their legal and regulatory autonomy, which is already limited by treaties with developed countries. China's BIT policy, therefore, contradicts the widespread rhetoric of a mutual beneficial South-South cooperation. Lastly, the emerging complementarity of investment policies between China and developed countries at the bilateral level gives rise to the possibility of enhanced cooperation between both at higher levels, for instance as part of the Heiligendamm Process between G8 countries and emerging countries.
Book Synopsis China's International Investment Strategy by : Julien Chaisse
Download or read book China's International Investment Strategy written by Julien Chaisse and published by Oxford University Press. This book was released on 2019-02-07 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.
Book Synopsis China in the International Economic Order by : Lisa Toohey
Download or read book China in the International Economic Order written by Lisa Toohey and published by Cambridge University Press. This book was released on 2015-04-16 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines China's approaches to international trade law, investment law, financial law, competition law, and intellectual property.
Book Synopsis China-European Union Investment Relationships by : Julien Chaisse
Download or read book China-European Union Investment Relationships written by Julien Chaisse and published by Edward Elgar Publishing. This book was released on with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on original research, and bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, both internally and internationally. Covering key topics on the subject, this book draws together diverse perspectives into a single collection, and is an invaluable tool for both scholars and practitioners of trade and investment law, as well as human rights and environmental law and policy.
Book Synopsis China's Transition from Communism - New Perspectives by : Guoguang Wu
Download or read book China's Transition from Communism - New Perspectives written by Guoguang Wu and published by Routledge. This book was released on 2015-11-06 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: As China moved from a planned to a market economy many people expected that China’s political system would similarly move from authoritarianism to democracy. It is now clear, however, that political liberalisation does not necessarily follow economic liberalisation. This book explores this apparent contradiction, presenting many new perspectives and new thinking on the subject. It considers the path of transition in China historically, makes comparisons with other countries and examines how political culture and the political outlook in China are developing at present. A key feature of the book is the fact that most of the contributors are China-born, Western-trained scholars, who bring deep knowledge and well informed views to the study.
Author :Jeffrey J. Schott Publisher :Peterson Institute for International Economics ISBN 13 :0881327077 Total Pages :77 pages Book Rating :4.8/5 (813 download)
Book Synopsis Toward a US-China Investment Treaty by : Jeffrey J. Schott
Download or read book Toward a US-China Investment Treaty written by Jeffrey J. Schott and published by Peterson Institute for International Economics. This book was released on 2015-02-09 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Backlash Against Investment Arbitration by : Michael Waibel
Download or read book The Backlash Against Investment Arbitration written by Michael Waibel and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.
Book Synopsis The Politics of International Economic Law by : Tomer Broude
Download or read book The Politics of International Economic Law written by Tomer Broude and published by Cambridge University Press. This book was released on 2011-03-07 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do politics and international economic law interact with each other? Financial crises and shifts in global economic patterns have refocused our attention on how the fingerprints of the 'visible hand' can be seen all over the institutions that underpin the rules of globalization. From trade and investment to finance, governments are under pressure to enforce, resist and rewrite international economic law. Lawyers have seldom given enough attention to the influence of politics on law, whereas political scientists have had an on-again, off-again fascination with how the law influences relations among states. This book leads the way toward filling this interdisciplinary gap, through a series of important studies written by leaders in the field on specific problems in international economic relations. The book demonstrates a variety of ways in which the international political-economic nexus may be researched and understood.
Book Synopsis Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009) by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009) written by Arthur W. Rovine and published by BRILL. This book was released on 2010-05-20 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2009 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in the field written by the speakers at the 2010 Fordham Law School Conference on International Arbitration and Mediation.
Book Synopsis International Arbitration: When East Meets West by : Neil Kaplan
Download or read book International Arbitration: When East Meets West written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2020-10-09 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Asia, China, in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The articles reflect Moser’s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures–both from a legal and social perspective– as well as a consideration of how each culture has influenced international arbitration practice overall. Issues covered include the following: interim measures in support of arbitration; the hybrid arbitration-mediation mode of dispute resolution; what China’s investment treaties have to offer; Moser’s ‘Triple A’ approach to mediation; witness conferencing; influence of of rang (¿), or exercise of altruism; Chinese courts’ approach to international arbitration; evolution of investment protection between China and Europe; disclosure versus state secrecy laws in China; and the standard for disclosure in rules of evidence. Given the increasing prevalence of arbitrations seated in Asia and the number of new players engaged in arbitration in Asia, this book is certain to attract a wide range of arbitration practitioners, especially those engaged in arbitrations involving Asian parties. As a comparative study of Asian and Western arbitration theory and practice, it is peerless. Scholars of arbitration worldwide are sure to learn from the insights detailed here of practitioners with consummate experience in arbitrations involving cross-cultural parties. “This is an excellent and wide ranging publication that rightly pays tribute to Michael’s career as a multi-faceted doyen of international arbitration; he has had his base in Asia but at all times he has held a global and even minded view. Many of us – and the overall institution of international arbitration - owe so very much to him.” Matthew Gearing, QC, former Chair of HKIAC “This wide-ranging and insightful volume pays tribute to the distinguished career of Michael Moser, a true Renaissance figure who has traversed both East and West and helped so many others bridge the two.” Gary Born, WilmerHale
Book Synopsis Business Disputes in China - 3rd Edition by : Michael J. Moser
Download or read book Business Disputes in China - 3rd Edition written by Michael J. Moser and published by Juris Publishing, Inc.. This book was released on 2011-09-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: China has become a magnet for international business. At the same time, the "China boom" has also produced a dramatic increase in the number and complexity of business disputes. Knowing how to effectively manage business disputes is an important component of every successful China business strategy. Business Disputes in China, written by the world’s leading China disputes experts, provides you with an overview of current dispute settlement techniques and tools.
Book Synopsis Foreign Investment and Dispute Resolution Law and Practice in Asia by : Vivienne Bath
Download or read book Foreign Investment and Dispute Resolution Law and Practice in Asia written by Vivienne Bath and published by Routledge. This book was released on 2012-03-12 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.
Book Synopsis International Investment Law and EU Law by : Marc Bungenberg
Download or read book International Investment Law and EU Law written by Marc Bungenberg and published by Springer Science & Business Media. This book was released on 2011-01-18 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.
Book Synopsis China and International Investment Law by : Wenhua Shan
Download or read book China and International Investment Law written by Wenhua Shan and published by Martinus Nijhoff Publishers. This book was released on 2014-10-31 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world.
Book Synopsis China in the Local and Global Economy by : Steven Brakman
Download or read book China in the Local and Global Economy written by Steven Brakman and published by Routledge. This book was released on 2018-11-21 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of China dates back thousands of years, with periods of decline followed by periods of growth and innovation. This book puts the last 50 years – China's most recent period of growth – into perspective. It explores the changing national and international connections within China and between China and other parts of the world, and their importance for understanding the past, current, and future developments of the Chinese economy. The book brings together leading international contributors from China, Japan and Europe to consider the historical developments of these connections, the importance of natural and man-made connections for the Chinese economy, the role of institutions and policies for understanding the connections and their sustainability. This book will be of interest to scholars and researchers focusing on China, economics, geography or international trade.
Book Synopsis Governance and Foreign Investment in China, India, and Taiwan by : Yu Zheng
Download or read book Governance and Foreign Investment in China, India, and Taiwan written by Yu Zheng and published by University of Michigan Press. This book was released on 2014-01-20 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The type of government and the interplay of macro- and microlevel political institutions affect a country’s ability to attract foreign investment
Book Synopsis New Voices in Investment by : Laura Gómez-Mera
Download or read book New Voices in Investment written by Laura Gómez-Mera and published by World Bank Publications. This book was released on 2014-12-03 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the characteristics, motivations, strategies, and needs of FDI from emerging markets. It draws from a survey of investors and potential investors in Brazil, India, South Korea, and South Africa.
