International Law and the Settlement of Investment Disputes Relating to China

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis International Law and the Settlement of Investment Disputes Relating to China by : Monika C. E. Heymann

Download or read book International Law and the Settlement of Investment Disputes Relating to China written by Monika C. E. Heymann and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines how international investment law can be used to resolve investment disputes in China. After a general overview over the basic structure of international investment law, it explores the international legal rules applicable to foreign investors in China and Chinese investors in third countries. It focuses on China's obligations under the Convention on the Settlement of Investment Disputes between States and Nationals of other States; the Convention establishing the Multilateral Investment Guarantee Agency, the WTO/GATT-regime and bilateral investment treaties. It thereby illustrates China's cautious approach to international arbitration and other international standards relating to the protection of foreign investors and the current trend in Chinese politics to turn to international law to protect its investors in third countries. The article concludes thatmdash;also caused by increasing Chinese outward investmentmdash;the international investment regime relating to China has left its infant stage and provides remedies for foreign investors in China and Chinese investors abroad.

Foreign Investment and Dispute Resolution Law and Practice in Asia

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Publisher : Routledge
ISBN 13 : 1136581057
Total Pages : 284 pages
Book Rating : 4.1/5 (365 download)

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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.

China, the EU and International Investment Law

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Publisher : Routledge
ISBN 13 : 1000704890
Total Pages : 206 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis China, the EU and International Investment Law by : Yuwen Li

Download or read book China, the EU and International Investment Law written by Yuwen Li and published by Routledge. This book was released on 2019-11-11 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.

China’s Foreign Investment Legal Regime

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Publisher : Routledge
ISBN 13 : 1000551652
Total Pages : 222 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis China’s Foreign Investment Legal Regime by : Yuwen Li

Download or read book China’s Foreign Investment Legal Regime written by Yuwen Li and published by Routledge. This book was released on 2022-03-11 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: China has developed a piecemeal pattern of regulating foreign investment since the end of 1970s. The latest law is the Foreign Investment Law (FIL), which became effective on 1 January 2020. The groundbreaking new FIL is well acknowledged for its promises and affirmations pledged to investors, signalling China’s eagerness to improve its investment environment and regain momentum for investment growth. This book provides an updated and holistic understanding of the key features of the regulatory regime on foreign investment in China with critical analysis of laws and their implementation. It also examines sensitive and complex legal issues relevant to foreign investment beyond the 2020 FIL and new developments on foreign-related dispute settlement. The book uses cases of success and failure to illustrate the nuances and differences between law and practice regarding foreign investment. Considering China’s magnitude in the global economy and the weighty role of the regulatory system on foreign investment in China, this book is of great interest to a wide range of audience including academics in the field of investment law, legal practitioners, policymakers, and master's students in law and in management.

International Investment and Dispute Settlement

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Publisher : Routledge
ISBN 13 : 1000595137
Total Pages : 184 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis International Investment and Dispute Settlement by : Chunlei Zhao

Download or read book International Investment and Dispute Settlement written by Chunlei Zhao and published by Routledge. This book was released on 2022-06-16 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues. When China and the EU, two of the biggest players in international investment, announced the completion of the China-European Union CAI negotiations, the dispute settlement system remained incomplete. While they reached an agreement on state-to-state dispute settlement, the controversial investor-state dispute settlement is subject to ongoing negotiations. This book explores the possible procedural design of investor-state dispute settlement mechanisms under the EU-China CAI, including potential proposals, issues, and solutions. In addition, this work analyzes the separation, connection, and combination of state-to-state and investor-state dispute settlement, all with a mind to ensuring the function and operation of diverse mechanisms and establishing a comprehensive system for successful investment dispute settlement. Focusing on the complete dispute settlement system under the EU-China CAI, this book will be a valuable resource for students, academics, and policymakers working in the areas of international dispute resolution, international investment law, international economic law, and comparative law.

Settlement of disputes connected with foreign investments in China

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Settlement of disputes connected with foreign investments in China by : Qinhua Gu

Download or read book Settlement of disputes connected with foreign investments in China written by Qinhua Gu and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: La presente etude est consacre aux mecanismes des differents recours disponibles pour solutionner les conflits relatifs aux investissements etrangers en Republique populaire de Chine et s'attarde sur les particularites du droit chinois a cet egard. Une analyse de l'ensemble de ces recours est presentee, soulignant les avantaes et les inconvenients de chacun, et expliquant la gradation qui existe entre eux. Tant le droit international que le droit interne de la Chine prevoient en effet des mecanismes concus pour faciliter la resolution de divers types de conflits: concertation, conciliation, arbitrage interne ou international, intervention de divers acteurs et parfois meme du Parti Communiste Chinois ou de certains administrateurs, cours de justice, etc. Le droit international est analyse du point de vue chinois particulierement en ce qui a trait aux conventions internationales bilaterales ou multilaterales. Le present travail ne pouvait etre que volontairement selectif, vu l'ampleur de la matiere. Il se veut d'abord une presentation synthetique d'un systeme complexe en vue d'informer de facon systematique les lecteurs sur un sujet de plus en plus important mais encore mal connu des occidentaux, ensuite, une recherche juridique sur un sujet qui attire grandement les attentions des juristes de l'Amerique du Nord, et enfin, esperons-le, un outil utile et efficace pour les canadiens et canadiennes qui s'obstinent a s'aventurer en affaires dans le marche chinois. La presente these est divisee en quatre titres regroupant 11 chapitres: Titre preliminaire etant consacree a la presentation generale des aspects juridiques en matiere du reglement des differends relatifs aux investissements etrangers en Chine. Le titre premier traite du reglement des differends par la voie des juridictions ordinaires; le titre Il du reglement par voie d'arbitrage et la derniere partie est consacree a la reconnaissance et a l'execution des jugements et des sentences arbitrales en Chine.

Investment in Greater China

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904112425X
Total Pages : 662 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Investment in Greater China by : Kluwer Law International (Firm)

Download or read book Investment in Greater China written by Kluwer Law International (Firm) and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment in Greater China provides extensive and up-to-date information on the concepts governing foreign investments in China, Hong Kong and Taiwan. The book, written by hands-on experts in a pragmatic style, explores the full spectrum of Greater China?s investment laws and practices including: legal system; land tenure; investment structure; business regulation; taxation; import and export controls; exchange control; regulation of local finance; labour and nationality law; intellectual property; movement of goods; insurance and disputes settlement. Features of this book include comprehensive coverage and sectional user-friendly index to ensure speedy location of information. Investors, legal and tax practitioners, corporate advisers, management consultants and business professionals who need to participate effectively in the Greater China?s investment environment will benefit from Investment in Greater China. This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market. This book was originally published by CCH Asia as the loose-leaf Investment in Greater China

China-Africa Dispute Settlement

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142843
Total Pages : 571 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis China-Africa Dispute Settlement by : Won Kidane

Download or read book China-Africa Dispute Settlement written by Won Kidane and published by Kluwer Law International B.V.. This book was released on 2011-11-02 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.

Managing Business Disputes in Today's China

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124624
Total Pages : 356 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Managing Business Disputes in Today's China by : Michael J. Moser

Download or read book Managing Business Disputes in Today's China written by Michael J. Moser and published by Kluwer Law International B.V.. This book was released on 2007-01-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.

China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’

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Publisher : Cambridge University Press
ISBN 13 : 1108619061
Total Pages : 357 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’ by : Wenhua Shan

Download or read book China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’ written by Wenhua Shan and published by Cambridge University Press. This book was released on 2021-02-18 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.

China and International Investment Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004279636
Total Pages : 449 pages
Book Rating : 4.0/5 (42 download)

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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 2014-10-30 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. With particular attention to ongoing major negotiations of bilateral and regional investment treaties, including the TPP, TTIP and China's BIT negotiations with the EU and USA, the collection is timely, thorough, and incisive. All readers with an interest in the latest developments in international investment law in general, and the Chinese foreign investment regime in particular, will find an indispensable new resource in this collection of essays from esteemed experts in the field. The volume originated from the "China and ICSID" International Workshop and Roundtable on International Investment Law and Arbitration, organized to commemorate the 20th anniversary of China's accession to the ICSID Convention.

National Security Review of Foreign Investment

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Publisher : Routledge
ISBN 13 : 1000046311
Total Pages : 239 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis National Security Review of Foreign Investment by : Cheng Bian

Download or read book National Security Review of Foreign Investment written by Cheng Bian and published by Routledge. This book was released on 2020-03-19 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control pertains to the establishment of an ex-ante review regime of FDI in the host state in sectors that are considered as ‘sensitive’ or ‘strategic’, with an aim to mitigate the security-related implications. This book conducts a systematic and up-to-date comparative study of the national security review regimes of China, the US, and the EU, using Germany as an exampling Member State. It answers a central research question of how domestic law should be formulated to adequately protect national security of the host state whilst posing minimum negative impacts to the free flow of cross-border investment. In addition to analyzing the latest development of the national security review regimes in aforementioned jurisdictions and identifying their commonalities and disparities, this book establishes a normative framework regarding the design of a national security review regime in general and proposes specific legislative recommendations to further clarify the law. This book will be of interest to scholars in the field of international and comparative investment law, investors who seek better compliance programs in the host state, and policymakers who aim for high-quality regulation on foreign investment.

Convention on the Settlement of Investment Disputes Between States and Nationals of Other States

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Publisher :
ISBN 13 :
Total Pages : 460 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Convention on the Settlement of Investment Disputes Between States and Nationals of Other States by : International Centre for Settlement of Investment Disputes

Download or read book Convention on the Settlement of Investment Disputes Between States and Nationals of Other States written by International Centre for Settlement of Investment Disputes and published by . This book was released on 1968 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Managing 'Belt and Road' Business Disputes

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Publisher :
ISBN 13 : 9789403518909
Total Pages : 504 pages
Book Rating : 4.5/5 (189 download)

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Book Synopsis Managing 'Belt and Road' Business Disputes by : Michael Moser

Download or read book Managing 'Belt and Road' Business Disputes written by Michael Moser and published by . This book was released on 2021-04-07 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a follow-up to the comprehensive Managing Business Disputes in Today's China: Duelling with Dragons (2007) guide on foreign direct investment disputes that can arise in the course of initiating and operating a Chinese joint venture. Since its inauguration by the Chinese government in 2013, the 'Belt and Road Initiative' (BRI) has included projects in more than 70 countries spanning diverse economic and legal environments. The nature of the BRI coupled with the economic downturn as a result of the COVID-19 pandemic will inevitably generate more challenges than ever. Like its predecessor, this book poses a hypothetical scenario in order to explore the potential issues that may arise from Chinese-foreign business relationships in the BRI context. After setting the scene with the 'Afrina Government's' ill-fated infrastructure project involving Chinese and foreign parties, subsequent chapters provide comprehensive insight on and highlight the following issues that one must consider when dealing with BRI disputes: dispute settlement options; informal dispute settlement approaches; disputes involving Chinese State-Owned Enterprises; construction and project finance disputes; corruption and bribery; sanctions; environmental issues. This book will provide extensive guidance from seasoned practitioners on the legal and practical issues of disputes that arise from engaging with Chinese companies doing business outside China in the context of BRI projects.

Handbook of International Investment Law and Policy

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Publisher : Springer
ISBN 13 : 9789811336140
Total Pages : 0 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis Handbook of International Investment Law and Policy by : Julien Chaisse

Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse and published by Springer. This book was released on 2021-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

China and Foreign Direct Investment

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Publisher :
ISBN 13 :
Total Pages : 54 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis China and Foreign Direct Investment by : Leon Trakman

Download or read book China and Foreign Direct Investment written by Leon Trakman and published by . This book was released on 2014 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding China's endorsement of investor-state arbitration more than a decade ago, few investor claims have been initiated against it and none has concluded with an award. This does not necessarily mean that foreign investors will not make such claims in the future, but rather that proceeding against China, from an economic rationalist perspective, is likely to be contentious, costly and dilatory. However, these concerns are not peculiar to China. Economically and politically powerful states, not least of all the United States, are less frequently subject to investor-state arbitration than poorer states for much the same reason.What is increasingly likely is that China is preparing itself and its investors abroad for investor-state proceedings in the future. This is evident, for example, in China's growing interest in the functioning of the International Center for the Settlement of Investment Disputes ('ICSID'), in its inclusion of investor-state arbitration in its Model Bilateral Investment Agreement and in various regional and bilateral agreements it has concluded.China is overtaking the United States as the biggest recipient of foreign direct investment ('FDI') in the world. It is also one of largest sources of outward FDI, with its outward investors initiating large-scale claims against foreign governments, such as Ping An, China's second largest insurer's recent claim for USD 2.2 billion against the Belgian Government In light of China's rise in the FDI and the consequence this may have on its engagement with investment claims, this paper has three primary purposes. The first purpose is to explore China's history and practice in concluding bilateral investment agreements ('BITs') with foreign countries. The second purpose is to examine China's limited experience with investor-state arbitration under such BITs. The third purpose is to identify how China is likely to develop its dispute resolution regime through strategic investment alliances with other states without sacrificing its distinctive national interests including those of its investors abroad. Particular emphasis will be given to China's dilemma, in seeking to liberalize investment treaties to protect growing outbound investments, while also trying to protect its national interest from arbitration claims by inbound investors.

Chinese Investment Treaties

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Publisher : OUP Oxford
ISBN 13 : 9780199230259
Total Pages : 0 pages
Book Rating : 4.2/5 (32 download)

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Book Synopsis Chinese Investment Treaties by : Norah Gallagher

Download or read book Chinese Investment Treaties written by Norah Gallagher and published by OUP Oxford. This book was released on 2009-03-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive commentary on Chinese bilateral investment treaties (BITs), which are being increasingly used in Chinese foreign investment policy. It will define BITs' role, analyse and interpret their key provisions, and discuss the future of China's investment programme.