Decoding Chinese Bilateral Investment Treaties PDF Download

Author: Wei Shen
Publisher:
ISBN: 9781108867146
Category : LAW
Languages : en
Pages :

View

Book Description
"Chapter 1 Current Landscape and Puzzling Issues This chapter aims to (i) offer a literature review over Chinese investment treaties, mainly bilateral investment treaties (BITs), free trade agreements (FTAs) and other investment agreements China signed with other countries or regional organizations; (ii) outline the key theme of this book by listing four interconnected puzzling but under-investigated issues this book tries to answer; and (iii) roll out the structure of this book by introducing the key content of each chapter"--

Author: Norah Gallagher
Publisher: OUP Oxford
ISBN: 9780199230259
Category : Law
Languages : en
Pages : 0

View

Book Description
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.

Author: Julien Chaisse
Publisher: Oxford University Press, USA
ISBN: 0198827458
Category :
Languages : en
Pages : 561

View

Book Description
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.

Author: Wenhua Shan
Publisher: Martinus Nijhoff Publishers
ISBN: 9004279636
Category : Business & Economics
Languages : en
Pages : 449

View

Book Description
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.

Author: Shen Wei
Publisher: Cambridge University Press
ISBN: 1108490980
Category : Education
Languages : en
Pages : 371

View

Book Description
Comprehensively investigate key characteristics, evolutionary path, driving forces, interpreting methodologies, and some missing puzzles of Chinese BITs.

Author: Axel Berger
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

View

Book Description
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.

Author: Marc Bungenberg
Publisher: Springer Nature
ISBN: 3031310500
Category :
Languages : en
Pages : 226

View

Book Description

Author: Yuqing Xing
Publisher: World Scientific
ISBN: 9811229643
Category : Business & Economics
Languages : en
Pages : 214

View

Book Description
In less than three decades, China has emerged as the world's largest exporting nation with more than $2 trillion exports annually. China's quick rise as a leading exporter in the world is an unprecedented miracle. There are many theories explaining this miracle. This book adopts the global value chain (GVC) approach to analyze the Chinese export miracle over the last four decades. It focuses on the tasks rather than the gross export value and emphasizes the organizations of modern trade rather than the national comparative advantage. The GVC approach systematically explains how, in less than four decades China has evolved from a closed economy to the world's No. 1 exporting nation; why China, a developing country, has exported more high-technology products than labor-intensive products to the US; and why almost half of the US trade deficit has originated from China.The book identifies three spillover effects of GVCs that originated from brands, technology and product innovation, and distribution and retail networks of GVCs lead firms. It argues that China's deep integration with GVCs has been a decisive factor for China's emergence as the world's No.1 exporting nation and the champion of high-technology exports. In addition, this book uses iPhone trade and the operation of Apple, the largest factory-less American manufacturer, to explain how current trade statistics exaggerate China's exports to and its trade surplus with the US on the one hand, and underestimate US exports on the other hand.By using the experience of the Chinese mobile phone industry, the book argues that the GVC strategy can be a short-cut for developing countries to achieve industrialization and enable firms of developing countries to enter high-technology sectors despite their intrinsic disadvantages. At this end, the book also discusses the future trajectory of China-centered GVCs under the shadow of the US-China trade war and the COVID-19 pandemic.

Author: Weidong Ji
Publisher: Cambridge University Press
ISBN: 1316999475
Category : Law
Languages : en
Pages : 579

View

Book Description
Growing up in China while educated in Japan and the US, the author has in the past few decades both witnessed and actively participated in the historical process of legal transformations in contemporary China. Through a series of academic contributions, as well as meetings, activities and memberships with policymakers and practitioners, the author has spared no effort in applying his theoretical scholarship to real, concrete practices. He has made significant contributions to the building of a rule-of-law system in China, with great social influences. The publishing of this book is to share with English-speaking readers his insights, experiences, and practices related to the institutional undertaking of building the rule of law in China. It offers a legal perspective on some of the cutting-edge issues in our society at large (e.g. risk and uncertainty, AI network, the COVID-19 pandemic, and big data).

Author: Freya Baetens
Publisher: Cambridge University Press
ISBN: 1107434912
Category : Law
Languages : en
Pages : 569

View

Book Description
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.