The Legal Framework Of Eu China Investment Relations

Author : Wenhua Shan
Publisher : Unknown
Page : 377 pages
File Size : 45,6 Mb
Release : 2005
Category : Investments, European
ISBN : 1472563484

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The Legal Framework of EU-China Investment Relations by Wenhua Shan Pdf

EU investment in China has increased dramatically since the early 1990s and is poised to increase further in light of Chinas recent accession to the World Trade Organisation. This book explores and critically appraises the existing legal framework governing EU-China investment relations, particularly EU investment in China. The current legal framework is composed of Chinese law, EU law and applicable international law, but the Chinese law is unsystematic and hard to discover and the EU has acquired only shared external investment competence which is vaguely defined. The applicable internationa.

Author : Wenhua Shan
Publisher : Bloomsbury Publishing
Page : 414 pages
File Size : 53,6 Mb
Release : 2005-10-21
Category : Law
ISBN : 9781847311115

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The Legal Framework of EU-China Investment Relations by Wenhua Shan Pdf

EU investment in China has increased dramatically since the early 1990s and is poised to increase further in light of Chinas recent accession to the World Trade Organisation. This book explores and critically appraises the existing legal framework governing EU-China investment relations,particularly EU investment in China. The current legal framework is composed of Chinese law, EU law and applicable international law, but the Chinese law is unsystematic and hard to discover and the EU has acquired only shared external investment competence which is vaguely defined. The applicable international treaties are incomplete, incoherent, or either too general or too specialised. Besides this, the international fora to settle investment disputes are still not readily available. Furthermore while law has played a very important role in decision-making by EU investors, the Chinese legal system is generally perceived as ineffective and lacking in effective enforcement of court and arbitration decisions. What the book demonstrates is that the time is ripe for a new international legal framework for foreign investment in China, and that as EU-China economic and political relations continue to improve, construction of such a framework is not only necessary, but also possible.

Author : Julien Chaisse
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 48,5 Mb
Release : 2024-07-03
Category : Electronic
ISBN : 9781788971904

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China-European Union Investment Relationships by Julien Chaisse Pdf

Based on original research, and bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, both internally and internationally. Covering key topics on the subject, this book draws together diverse perspectives into a single collection, and is an invaluable tool for both scholars and practitioners of trade and investment law, as well as human rights and environmental law and policy.

Author : Jing Men
Publisher : Peter Lang
Page : 268 pages
File Size : 42,6 Mb
Release : 2010
Category : China
ISBN : 9052016410

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Prospects and Challenges for EU-China Relations in the 21st Century by Jing Men Pdf

In 25 years, EU-China relations have come far, further than many could have imagined - but how much further can these relations be taken? Today, their bilateral relations are at a crossroads. In effect, it has been 25 years since the EU and China agreed upon the legally binding Trade and Economic Cooperation Agreement, which sets the basis for their diplomatic relations. In an ever increasingly complex and globalised international environment, these actors have become mutually interdependent on a variety of levels. In 2007, they agreed to revise and update the 1985 accord and replace it with an all-encompassing Partnership and Cooperation Agreement. However, more than three years passed, and there are many points of contention which need to be negotiated. What obstacles are blocking this agreement? How can these obstacles be overcome? What concessions should be made and where? This book will provide an up-to-date analysis of the problematic concerns, and the means to resolve these issues, that range from human rights, to international trade conflicts and climate change.

Author : Chien-Huei Wu,Frank Gaenssmantel
Publisher : Routledge
Page : 276 pages
File Size : 41,9 Mb
Release : 2021-09-30
Category : Electronic
ISBN : 1032176377

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Law and Diplomacy in the Management of Eu-Asia Trade and Investment Relations by Chien-Huei Wu,Frank Gaenssmantel Pdf

This volume fills a gap in the literature regarding questions around the interactive dynamics between law and diplomacy on international trade and investment. It brings together lawyers and political scientists from Europe and Asia in an interdisciplinary effort at tracing the respective roles of law and diplomacy in the relations of the European Union (EU) with its trade and investment partners in Asia. Focusing on trade and investment relations with Asia, the EU presents a particularly interesting case as it has been a strong proponent of a rules-based international economic order for years and a frequent user of the formal procedures established in international treaties in case of disputes. At the same time, it has kept diplomatically active to adjust dispute management and international agreements to the needs and demands of the partners involved. Furthermore, not only is this region of crucial importance due to the presence of both vigorous emerging economies, like China, India and Vietnam, and more established partners, like Japan, EU-Asia relations also present a broad set of economic disputes and recent negotiation efforts analyzed in the contributions to this volume. This book will be of key interest to scholars and students of international trade/economic law, EU politics, EU external relations (law), international relations, diplomacy and more broadly to international relations and Asian studies.

Author : Yuwen Li,Tong Qi,Cheng Bian
Publisher : Routledge
Page : 206 pages
File Size : 53,6 Mb
Release : 2019-11-11
Category : Business & Economics
ISBN : 9781000704891

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China, the EU and International Investment Law by Yuwen Li,Tong Qi,Cheng Bian Pdf

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.

Author : Julien Chaisse
Publisher : Oxford University Press
Page : 576 pages
File Size : 50,6 Mb
Release : 2019-02-07
Category : Law
ISBN : 9780192562425

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China's International Investment Strategy by Julien Chaisse Pdf

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 : Julien Chaisse
Publisher : Oxford University Press, USA
Page : 561 pages
File Size : 55,8 Mb
Release : 2019-02-21
Category : Electronic
ISBN : 9780198827450

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China's International Investment Strategy by Julien Chaisse Pdf

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 : Chunlei Zhao
Publisher : Routledge
Page : 184 pages
File Size : 52,7 Mb
Release : 2022-06-16
Category : Business & Economics
ISBN : 9781000595130

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International Investment and Dispute Settlement by Chunlei Zhao Pdf

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.

Author : Wang Gungwu,Zheng Yongnian
Publisher : Routledge
Page : 331 pages
File Size : 44,5 Mb
Release : 2008-01-30
Category : Political Science
ISBN : 9781134069132

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China and the New International Order by Wang Gungwu,Zheng Yongnian Pdf

This book explores China's place in the new international order, from both the international perspective, and from the perspective within China. It discusses how far the new international order, as viewed by the United States and with the United States seeing itself as the single dominant power, applies to China.

Author : Leon Trakman,Nicola Ranieri
Publisher : Oxford University Press
Page : 555 pages
File Size : 45,6 Mb
Release : 2013-04-25
Category : Law
ISBN : 9780195389005

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Regionalism in International Investment Law by Leon Trakman,Nicola Ranieri Pdf

Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China. The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues. Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.

Author : Steffen Hindelang
Publisher : Oxford University Press
Page : 447 pages
File Size : 43,9 Mb
Release : 2009-07-09
Category : Business & Economics
ISBN : 9780199572656

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The Free Movement of Capital and Foreign Direct Investment by Steffen Hindelang Pdf

This book offers a timely restatement of the EU law on free movement of capital, focusing on the effect of EU law on international investment. Through analysis of the complex case law, it sets out the rights enjoyed by investors under EU law. It criticises the growth of protectionism within Europe, and sets out the legal limits on such policies.

Author : Freya Baetens
Publisher : Cambridge University Press
Page : 569 pages
File Size : 41,5 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781107434912

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Investment Law within International Law by Freya Baetens Pdf

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.

Author : Junji Nakagawa
Publisher : Routledge
Page : 240 pages
File Size : 40,8 Mb
Release : 2019-03-11
Category : Business & Economics
ISBN : 9780429825859

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Asian Perspectives on International Investment Law by Junji Nakagawa Pdf

With changes to the international investment law landscape and Asian countries now actively developing their network of bilateral investment treaties (BITs) and free trade agreements (FTAs), this volume studies issues relating to Asian perspectives on international investment law and forecasts the future of Asian contribution to its science and practice. The book discusses the major factors that have been driving Asian countries to new directions in international investment rule-making and dispute settlement. It also looks at whether Asian countries are crafting a new model of international investment law to reflect their specific socio-cultural values. Finally, the book examines whether there are any ‘Asian’ styles of international investment rule-making and dispute settlement, or if individual Asian countries are seeking specific national ‘models’ based on economic structure and geopolitical interests. This unique collection is exceptionally useful to students, scholars and practitioners of international investment law, international trade law and public international law.

Author : John Fox,François Godement
Publisher : Unknown
Page : 101 pages
File Size : 42,8 Mb
Release : 2009
Category : China
ISBN : 1906538107

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A Power Audit of EU-China Relations by John Fox,François Godement Pdf