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 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.
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.
Download or read book China s Globalization and the Belt and Road Initiative written by Jean A. Berlie and published by Palgrave Macmillan. This book was released on 2019-09-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the importance of globalization and the Belt and Road Initiative, which is one of the essential projects of President Xi Jinping, and where China fits on the global arena. Additionally, the contributors cover such important topics as China’s maritime traffic, infrastructure along the modern Silk Road, the South China Sea, and China’s relationship with Indonesia, Malaysia, East Timor, Hong Kong, and Macao. This edited volume will interest scholars, researchers, and students in the fields of Asian studies, globalization, political science, and Chinese politics.
Download or read book China eu Trade Disputes And Their Management written by Qingjiang Kong and published by World Scientific. This book was released on 2012-03-16 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) has now become the largest trade partner of China. While Sino-US trade relations and particularly the high-profile trade disputes between the US and China get considerable academic attention for geopolitical reasons, less research has been done on the Sino-EU trade disputes that gradually loom large on the horizon. This book delves into the trade disputes between China and the EU and identifies the causes for trade disputes. It examines how the disputes will shape China-EU trade relations, and offers a macro overview on how the issues can be resolved or at least how they should be managed.This timely book sheds light on Sino-EU trade disputes, putting these in global perspective and enriching the literature in this regard.
Download or read book New Frontiers in Asia Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Download or read book Settlements of Trade Disputes between China and Latin American Countries written by Dan Wei and published by Springer. This book was released on 2015-07-06 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a wealth of highly original and innovative analyses and case studies, this book examines the strategic ties between various emerging economies, their different approaches to finding mutual trade solutions, and new trends in the use of contingent protection. The research methodology can also be applied to the study of specific Latin American countries or other developed or developing states in comparison to China. The book presents new theories and offers a valuable template for further studies in this area. Further, the application of the New Haven approach can further develop the studies' potential to offer guidance in a broader context.
Download or read book China and Africa written by Chris Alden and published by Springer. This book was released on 2017-08-24 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the expanding involvement of China in security cooperation in Africa. Drawing on leading and emerging scholars in the field, the volume uses a combination of analytical insights and case studies to unpack the complexity of security challenges confronting China and the continent. It interrogates how security considerations impact upon the growing economic and social links China has developed with African states.
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.
Download or read book A Brief Analysis of the Disputes Arising from China African Civil and Commercial Transactions written by Weidong Zhu and published by . This book was released on 2013 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: With the frequent civil and commercial transactions between China and Africa, more and more legal disputes arose as a result. Currently the civil and commercial disputes are mainly the contractual disputes, letter of credit or guarantee disputes, labor disputes, marine disputes and delictual disputes. These disputes often occur in the African countries and are often settled in African courts or arbitral institutions. Under the current legal systems and legal traditions in many African countries and in China, it is more preferable to settle such disputes through arbitration in stead of through litigation for the Chinese parties as well as for the African parties doing business in China.
Download or read book Dispute Settlement at the WTO written by Gregory C. Shaffer and published by Cambridge University Press. This book was released on 2010-11-18 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.
Download or read book International Economic Dispute Settlement written by Manfred Elsig and published by Cambridge University Press. This book was released on 2021-07-22 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.
Download or read book China s Role in the Mediation and Resolution of Conflict in Africa written by Dan Large and published by . This book was released on 2008* with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Protection and Sustainability of Chinese Investments in Africa written by Xiuli Han and published by Springer Nature. This book was released on 2022-08-26 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.
Download or read book China Africa and an Economic Transformation written by Arkebe Oqubay and published by Oxford University Press. This book was released on 2019 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers China-Africa relations in the context of a global division of labour and power, and through the history and experiences of both China and Africa. It examines the core ideas of structural transformation, productive investment and industrialization, international trade, infrastructure development, and financing.
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Download or read book China s Growing Role in World Trade written by Robert C. Feenstra and published by University of Chicago Press. This book was released on 2010-03-10 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: In less than three decades, China has grown from playing a negligible role in international trade to being one of the world's largest exporters, a substantial importer of raw materials, intermediate outputs, and other goods, and both a recipient and source of foreign investment. Not surprisingly, China's economic dynamism has generated considerable attention and concern in the United States and beyond. While some analysts have warned of the potential pitfalls of China's rise—the loss of jobs, for example—others have highlighted the benefits of new market and investment opportunities for US firms. Bringing together an expert group of contributors, China's Growing Role in World Trade undertakes an empirical investigation of the effects of China's new status. The essays collected here provide detailed analyses of the microstructure of trade, the macroeconomic implications, sector-level issues, and foreign direct investment. This volume's careful examination of micro data in light of established economic theories clarifies a number of misconceptions, disproves some conventional wisdom, and documents data patterns that enhance our understanding of China's trade and what it may mean to the rest of the world.
Download or read book Dispute Settlement with Chinese Characteristics written by Leyton P. Nelson and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
