Download or read book Decoding Chinese Bilateral Investment Treaties written by Shen Wei and published by Cambridge University Press. This book was released on 2021-08-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is one of the major investment destinations and is a major country signing a large number of BITs and FTAs. China has been applying a liberalization approach to transform its BIT regime. This book investigates these widely accepted theories and norms in the context of investment liberalization.
Download or read book Chinese Investment Treaties written by Norah Gallagher and published by . This book was released on 2009 with total page 592 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.
Download or read book A Study of the Chinese Bilateral Investment Treaties written by Hong Liu and published by . This book was released on 1987 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China s International Investment Strategy written by Julien Chaisse and published by Oxford University Press, USA. This book was released on 2019-02-21 with total page 561 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.
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.
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 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China s Bilateral Investment Treaties with African States in Comparative Context written by Won Kidane and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, China has made significant investments all over Africa. The principal legal instruments designed to protect Chinese investment in Africa are Bilateral Investment Treaties (BITs). Traditionally, BITs were largely designed to protect Northern investment in the South. This article evaluates their adaptability to South-South relations through a comparative study of China-Africa BITs in light of China's BITs with the North, principally the recently ratified China-Canada BIT.
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.
Download or read book China s Treaty Policy and Practice in International Investment Law and Arbitration written by G. Matteo Vaccaro-Incisa and published by BRILL. This book was released on 2021-04-26 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: With his comparative and analytical review of China's treaty policy and practice in international investment law, Vaccaro-Incisa draws the most detailed, comprehensive, effective, and objective work ever published on this subject.
Download or read book Bilateral Investment Treaties in a Harmonious World written by Yonit Manor-Percival and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A U S China Bilateral Investment Treaty BIT written by Wayne M. Morrison and published by . This book was released on 2018 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Political Economy of Chinese Bilateral Investment Treaty Policy written by Tyler Cohen and published by . This book was released on 2017 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the most significant developments in international investment law and policy in the past decade has been China's adoption of a new model of bilateral investment treaty that embraces disciplines commonly found elsewhere. This has been celebrated by some scholars as heralding the arrival of a universal model for investment protection that will be transformative of Chinese domestic policy. Others have expressed skepticism that Chinese policy portends liberalization of the Chinese economy. Nor does it indicate that China has embraced neo-liberal norms requiring the state to recede from controlling the levers of economic power. Both sides purport to derive their readings from shifts in Chinese investment policy and internal legislative change. We propose another reading derived from shifts in Chinese Communist Party leadership and the Party's perception of what is required to guarantee its stability and continued dominance. The object is to understand Chinese BIT policy as a product of the complex and interacting influences reflected in debates within the CCP. By examining four main eras in which China BIT policy has evolved, we propose bringing the Party back into discussions about investment treaty policy.
Download or read book US China Bilateral Investment Treaty Negotiations written by Qingjiang Kong and published by . This book was released on 2010 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Upgrading Bilateral Investment Treaties to Promote China s Outbound Foreign Direct Investment written by Sarah Y. Tong and published by . This book was released on 2014 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Territoriality and International Investment Law written by Odysseas G. Repousis and published by . This book was released on 2016 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a recent ruling, the Singapore High Court (SGHC) decided to set aside an arbitration award on the basis that the China-Laos bilateral investment treaty does not apply to Macao, a special administrative region of China. This ruling raises a number of interesting issues for the territorial application of investment treaties in general and Chinese investment treaties in particular. Moreover, this ruling is important inasmuch some might urge to proclaim it conclusive for the inapplicability of Chinese investment treaties to both Hong Kong and Macao. Within this context, this article finds that the SGHC overlooked the temporal effect of subsequent agreements to concluded investor-state arbitrations, and on the same time did not adequately explain the effect of devolution agreements on third parties and the impact of the ever expanding parallelism of China's investment 'treatification'. In addition, treaty practice on the territorial extension of investment treaties is likely not supportive of the SGHC's findings, although an analogy with succession and secession cases may suggest otherwise. On balance, this article finds that state practice on the territorial application of investment treaties, along with the circumstances inherent to the case in hand, suggests that the application of Chinese investment treaties to Hong Kong and Macao is still not conclusively determined, even after the ruling of the SGHC.
Download or read book Instrumental Liberalization written by Yingqiu Kuang and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bilateral Investment Treaties and Indirect Expropriation written by Shen Wei and published by . This book was released on 2014 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: China has signed more than 125 BITs (excluding a dozen of FTAs). However, the utility of these BITs has been very limited. Core terms such as expropriation and compensation in Chinese BITs have rarely been tested. Up to today, there has been only one investment arbitration case which has two awards on jurisdiction and merits respectively based on China's BIT with Peru and likely will have an annulment decision as well. In this sense, the awards of the case of Tza Yap Shum v. Republic of Peru are of great importance. The award on merits extensively analyzed the conditions of and defense to indirect expropriation under the China-Peru BIT. This article tries to understand what constitutes indirect expropriation under the China-Peru BIT.
