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

Author: Qingjiang Kong
Publisher: Springer Nature
ISBN: 9819921589
Category : Law
Languages : en
Pages : 210

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Book Description
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.

Author: Wei Jia
Publisher: Praeger
ISBN:
Category : Business & Economics
Languages : en
Pages : 222

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Book Description
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.

Author: Huaqun Zeng
Publisher: World Scientific
ISBN: 9789810242244
Category : Business & Economics
Languages : en
Pages : 58

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Book Description
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.

Author: Yawen Zheng
Publisher: BRILL
ISBN: 9004534563
Category : Law
Languages : en
Pages : 307

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Book Description
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.

Author: Yuwen Li
Publisher: Routledge
ISBN: 1000551652
Category : Business & Economics
Languages : en
Pages : 222

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Book Description
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.

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

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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. 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.

Author: Xiuli Han
Publisher:
ISBN: 9789811918834
Category :
Languages : en
Pages : 0

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Book Description
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.

Author: Karl P. Sauvant
Publisher:
ISBN:
Category :
Languages : en
Pages : 43

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Book Description
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.

Author: Ji MA
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
The 1982 Constitution of the People's Republic of China (PRC Constitution) Article 18 introduced for the first-time principles of openness and protection for foreign enterprises while sanctioning general limitations for foreign investors such as compliance with domestic laws. China's policy towards foreign investment, both at the domestic and international levels, has changed significantly during the past 40 years. Recently negotiated Chinese international investment agreements incorporate language that ensures more significant protection towards foreign enterprises and establish the regulatory conditions to further open different sectors of the Chinese market to their access. Conversely, through domestic-level legislation changes, Chinese authorities have established special economic zones that further opened the Chinese market to foreign enterprises in those specifically regulated areas.The Chinese Constitution has been updated several times during the past four decades; in contrast, Article 18 has remained the same. This chapter examines Article 18 of the PRC Constitution and assesses the compatibility with the new policies.The chapter analyses the development of foreign investment practices and regulations in China, to demonstrate how foreign investment can be instilled into the PRC Constitution Article 18. Since China's reform and opening-up, the country has implemented an innovative and expanding practice for the protection of foreign investment. This article demonstrates that such expansion has changed the connotation of the PRC Constitution Article 18 through a gradual development of greater market access and additional protections of foreign investment in contrast with the stable denotations of Article 18, that indicates a progressive adaptability of the PRC Constitution.

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

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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.