China’s Foreign Investment Law Amid Evolving International Investment Rules
China’s Foreign Investment Law Amid Evolving International Investment Rules

Author: Qingjiang Kong

Publisher: Springer Nature

Published: 2023-08-28

Total Pages: 210

ISBN-13: 9819921589

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This book focuses on an article-by-article interpretation of the Foreign Investment Law of the People's Republic of China, which was adopted on March 15, 2019. It also describes the legislative process of the law and the relationship between the law and other laws and regulations. It also includes a comparison of China's new foreign investment law with representative foreign investment regimes and the interaction between China and evolving international investment rules and the law, with a focus on the impact of evolving international investment rules on the development of China's foreign investment regime. In recent years, the momentum of globalization has continued to grow, and a pattern of economic governance with valorization, regionalization, and benefit sharing has gradually emerged. Amid the emergence of new international investment rules, the Foreign Investment Law of the People's Republic of China, adopted on March 15, 2019, has significantly changed the face of China's foreign investment regime. Given that China is a major destination for global foreign direct investment flows, its foreign investment regime is a focus of attention for international investors and international lawyers. This book aims to provide a practical legal guide for students of Chinese law, especially Chinese business law, practitioners, and their clients interested in the Chinese market, and observers of international investment law and national investment law practice.

Chinese Foreign Investment Laws and Policies
Chinese Foreign Investment Laws and Policies

Author: Wei Jia

Publisher: Praeger

Published: 1994-11-21

Total Pages: 222

ISBN-13:

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China is engaged in a major evolutionary economic change. Foreign direct investment (FDI) participation has been and will continue to be the driving force behind this change well into the next century. This book presents to Western business and legal communities a comprehensive picture of the prevailing Chinese foreign investment climate. More important, it provides keen insight into the ways China must move to improve its laws and policies.

Chinese Foreign Investment Laws
Chinese Foreign Investment Laws

Author: Huaqun Zeng

Publisher: World Scientific

Published: 1999

Total Pages: 58

ISBN-13: 9789810242244

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Prepared by the East Asian Institute, NUS, which promotes research on East Asian developments particularly the political, economic and social development of contemporary China (including Hong Kong and Taiwan), this series of research reports is intended for policy makers and readers who want to keep abreast of the latest developments in China. This volume summarises four features of the common principles of foreign investment laws in market economies and surveys four aspects of recent developments in Chinese foreign investment laws towards these principles.

China’s Foreign Investment Legal Regime
China’s Foreign Investment Legal Regime

Author: Yawen Zheng

Publisher: BRILL

Published: 2023-01-09

Total Pages: 307

ISBN-13: 9004534563

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Yawen Zheng evaluates China’s foreign investment legal regime’s guiding of its two-way investments towards the country’s development goals: building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making.

China’s Foreign Investment Legal Regime
China’s Foreign Investment Legal Regime

Author: Yuwen Li

Publisher: Routledge

Published: 2022-03-11

Total Pages: 222

ISBN-13: 1000551652

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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.

China and International Investment Law
China and International Investment Law

Author: Wenhua Shan

Publisher: Martinus Nijhoff Publishers

Published: 2014-10-30

Total Pages: 449

ISBN-13: 9004279636

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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.

Legal Protection and Sustainability of Chinese Investments in Africa
Legal Protection and Sustainability of Chinese Investments in Africa

Author: Xiuli Han

Publisher: Springer Nature

Published: 2022-08-26

Total Pages: 400

ISBN-13: 9811918821

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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.

China, the EU and International Investment Law
China, the EU and International Investment Law

Author: Yuwen Li

Publisher: Routledge

Published: 2019-11-11

Total Pages: 206

ISBN-13: 1000704890

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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 Outward Foreign Direct Investment and International Investment Law
China's Outward Foreign Direct Investment and International Investment Law

Author: Karl P. Sauvant

Publisher:

Published: 2016

Total Pages: 43

ISBN-13:

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As China's outward foreign direct investment (FDI) has grown, its approach to international investment agreements (IIAs) has changed. China is now one of the world's most important outward investors, with Chinese FDI facing widespread criticism. The challenge for China is to adapt to this new configuration of interests stemming from these developments, both in terms of its national policies and the contents of its IIAs. In so doing, it is likely to influence, perhaps significantly, the further evolution of international investment law. This article deals briefly with the salient features of China's outward FDI and the policies that support it (Section A); the perception and reception of China's outward FDI in key host countries (Section B); and the changing nature of the country's approach to international investment treaties (Section C). The article concludes (Section D) with a brief review and outlook.

National Security in International and Domestic Investment Law
National Security in International and Domestic Investment Law

Author: Yuwen Li

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781032506418

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"This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope, and potential impact remain ambiguous and controversial. The work first attests the legitimacy of FDI screening by using national security constitutional theory. Part I explicates the national security, public order and public health exceptions clauses in international investment law, and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland, and the UK, which have either witnessed momentous changes in domestic law recently, or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy. The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level"--