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China's International Investment Strategy

Bilateral, Regional, and Global Law and Policy

Julien Chaisse (Professor, School of Law, Professor, The Chinese University of Hong Kong (CUHK))

$312

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English
Oxford University Press
28 February 2019
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.
Edited by:  
Imprint:   Oxford University Press
Country of Publication:   United Kingdom
Dimensions:   Height: 242mm,  Width: 165mm,  Spine: 38mm
Weight:   1.000kg
ISBN:   9780198827450
ISBN 10:   0198827458
Series:   International Economic Law Series
Pages:   560
Publication Date:  
Audience:   College/higher education ,  Further / Higher Education
Format:   Hardback
Publisher's Status:   Active
"Zhao Hong: Forward Julien Chaisse: Introduction: China's International Investment Law and Policy Regime- Identifying the Three Tracks 1: Michael J. Enright: China's Inward Investment: Approach And Impact 2: Hui Yao Wang and Lu Miao: China's Outward Investment: Chinese Enterprise Globalization's Characteristics, Trends, and Challenges 3: Na Li: Impact of Tax Factors on Chinese FDIs 4: Lu Wang: SOE Investments and The National Security Protection: Implications For China 5: Jie (Jeanne) Huang: Nationwide Regulatory Reform Starting From China's Free Trade Zones: The Case Of Negative List Of Non-Conforming Measures 6: Manjiao Chi: Addressing Sustainable Development Concerns through IIAs: A Preliminary Assessment of Chinese IIAs 7: Kyle Dylan Dickson-Smith: Lessons Learned from The Canada-China FIPA For The US-China BIT And Beyond: Chinese Whispers Or Chinese Checkers? 8: Hadas Peled and Marcia Don Harpaz: Innovation as a Catalyst in the China-Israel Investment Relationship:The China-Israel BIT (2009) and the Prospective FTA 9: Flavia Marisi and Qian Wang: Drivers and Issues of China-EU Negotiations for A Comprehensive Agreement on Investment 10: Issues on SOEs in BITs: The (Complex) Case of the Sino-US BIT negotiations 11: Matthew Levine: Towards A Fourth Generation of Chinese Treaty Practice: Substantive Changes, Balancing Mechanisms, And Selective Adaption 12: Won-Mog Choi: Substantive Provisions of East Asian Trilateral Investment Agreement and Their Implications 13: Heng Wang: The RCEP Investment Rules and China: Learning From the Malleability of Chinese FTAs 14: Amokura Kawharu and Luke Nottage: Towards an Asia-Pacific Regional Investment Regime: The Potential Influence of Australia and New Zealand as a Collective Middle Power 15: Horia Ciurtin: A New Era in Cross-Strait Relations? A Post-Sovereign Enquiry in Taiwan's Investment Treaty System 16: Karl P. Sauvant: China Moves The G20 Toward An International Investment Framework And Investment Facilitation 17: Anna Joubin-Bret and Cristian Rodriguez Chiffelle: G20 Guiding Principles for Global Investment Policy-Making: A Stepping Stone for Multilateral Rules on Investment 18: Sophie Meunier: Beware of Chinese Bearing Gifts: Why China's Direct Investment Poses Political Challenges in Europe and the United States 19: Ka Zeng: The Political Economy of Chinese Outward Foreign Direct Investment in ""One-Belt, One-Road (OBOR)"" Countries 20: Manzoor Ahmad: China's Role And Interest In Central Asia: China-Pakistan Economic Corridor 21: Susan Finder: The International Fraud & Corruption Sanctioning System: The Case of Chinese SOEs 22: Joel Slawotsky: He Who Makes the Rules Owns the Gold: The Potential Ramifications of The New International Law Architects 23: Matthew Hodgson and Adam Bryan: Investment Treaty Arbitration in Asia: The China Factor 24: Jane Willems: Investment Disputes Under China's Bits: Jurisdiction with Chinese Characteristics? 25: Claire Wilson: Protecting Chinese Investment Under the Investor-State Dispute Settlement Regime: A Review In Light Of Ping An V Belgium 26: Sungjin Kang: Use Of Investor-State Against China's Enforcement of The Anti-Monopoly Law: Belling The Panda? 27: Shu Shang: Implementing Investor-State Mediation in China's Next Generation investment Treaties"

Julien Chaisse is Professor at the City University of Hong Kong, School of Law. He is an award-winning scholar of international law with a focus on the regulation and development of economic globalization. His teaching and research include international trade/investment law, international taxation, international arbitration, and Internet law. Dr. Chaisse has published numerous well-regarded and widely cited books and articles and his scholarship has been cited with approval by international courts/tribunals, and U.S. Courts.Dr. Chaisse has over fifteen years teaching experience at universities mainly in Hong Kong, U.S., and Europe. Dr. Chaisse served as a senior fellow at the World Trade Institute (Switzerland), and as a diplomat for the Embassy of France in New Delhi (India).

Reviews for China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy

Il volume segnalato raccoglie, oltre ad una prefazione della Prof.ssa Zhao Hong (Appellate Body - WTO) ed una introduzione del curatore dell'opera, Prof. Julien Chaisse (City University of Hong Kong), ventisette saggi, a firma di accademici, giovani studiosi e professionisti, che si propongono di svolgere un'analisi giuridica delle politiche di investimento cinesi. [...] Risulta evidente dalla varieta dei temi trattati che si tratta di un'opera di ampio respiro in grado di offrire al lettore una panoramica puntuale e completa della attuale visione strategica della Cina nell'ambito del settore degli investimenti internazionali. * Martino Zulberti, Diritto del Commercio Internazionale * Professor Chaisse of City University of Hong Kong realises a tour de force in putting together the 27 chapters into a coherent and powerful volume. The book presents a ground-breaking approach and a wealth of thought-inspiring insights into the transformation and systemic impact of China's international investment rule-making and participation in investor-state arbitration. This book will prove to be essential reading for legal scholars and professionals alike, as well as benefitting NGOs, stakeholders in international economic governance and policymakers looking for in-depth insight into China's increasing role in the international regulation of foreign investment [...] Julien Chaisse's and the contributor's xcellent work will be able to assist BRI professionals, policy makers and other interested parties to comprehend the impact of China's nvestments on the regional and global legal framework. * Sufian Jusoh, E-publica Revista Eletronica de Direito Publico * ... if we were to recommend any book for scholars or practitioners alike, the edited volume of Prof. Julien Chaisse would be an obvious choice as one of the most recent, but more importantly most profound, and complex legal analysis of the complexities of China's International Investment Strategy. * Yu Lu and Maciej Zenkiewicz, Polish Yearbook of International Law * The book combines legal, economic and international relations perspectives, to provide a comprehensive analysis of the subject. ... The current debate and concerns over national security issues concerning the participation of the Chinese company Huawei in the expansion of the 5G network in the US and UK (and elsewhere) and the threat by China about possible repercussions on Chinese investment in Europe [...] are proof for the urgent need of a comprehensive and rigorous academic analysis in this field from complementary regulatory and policy angles - which is exactly what this book offers. [...] This book is an essential reading for policymakers, academics, business and researchers to comprehend the growing complexity of China's international investment strategy and its implication for partners countries and the world economy. * Christian Bellak, APEC Currents * In an unmatched critical manner, the book provides a comprehensive investigation of China's investment policy and its effects in other jurisdictions, effectively filling a considerable gap in the existing literature. It is relevant to all who work in investment law, including policymakers. The book China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy will sit at the vanguard of excellence for the next generation of scholarship on China international investment law and policy. * Can Eken, Public and Private International Law Bulletin * One theme that emerges across contributions in the book is the requirement of a holistic strategy. The various tracks (bilateral, regional, global) no longer operate in isolation. China's ability to take centre-stage in regional and global economic governance in the wake of the western world's receding influence will depend on its ability to present a consistent front and rally consensus [...] The book's achievement is the clarity with which it addresses issues which are yet evolving. As such, it is a useful tool for negotiators, policy-makers, advisers and other professionals concerned with cross-border investments involving China or indeed involving any other emerging economy pursuing expansion in the field of international economic law. * Manini Brar, Frontiers of Law in China * This is a first-rate book on how to comprehend and approach the retrospective, current practices, and development tendencies of China's investment policy in the format of tripartite of bilateral, regional, and global investment agreements, as well as local reforms that are presently restructuring the regulatory framework for foreign direct investment in China. It is an indispensable reference for national and international policymakers, legal practitioners and scholars in the field of international investment and trade law. * Vasily Erokhin, Marketing and Logistics Journal * The book responds to the recent change in China's overall role in global investment: still the largest recipient of foreign direct investment (FDI) but also, since 2014, a net capital exporter as the second largest source of FDI. The question is how China manages to balance this dual role through a system of international investment agreements (IIAs) while seeking actively to mould the rules of global investment [...] his book illustrates how shifting international conditions and China's own behaviour belie the responsible stakeholder role marked out for China by others. * Stephan Minas, Chinese Journal of International Law * This book is comprehensive in terms of its coverage of the issues in width, such as China's domestic regulation of inwards FDI, evolution of Chinese IIAs, and China's participation and leadership in regional and global agenda setting. It also conducts in-depth inspection on sensitive aspects, such as the problems accompanying Chinese SOEs, and possible use of ISDS against China. This pioneering book helps to bridge the understanding gap between China's increasing global ambition and its normative ramifications. This book is a critical milestone in the scholarly literature of international law because it provides a roadmap to the many issues that can arise under China's international investment law and policy and proposes ways of ensuring effective, informed and fair understanding in a field that is becoming increasingly important (and contentious). * Chi-Chung Kao, Asian Journal of International Law * By providing a comprehensive analysis of China's international investment law and policy, which currently stands between these two major challenges, the book expands the parameters of the conventional wisdom on China's investment strategy, thereby providing critical insights for future research. * Dilini Pathirana, Transnational Corporations * The kaleidoscope of contributions attest to the protean and possibly undogmatic approach China takes towards international investment policy. The work is an excellent balance of breath and depth, and is accessible to scholars, economists and practitioners alike. In sum, this work is an excellent addition to the growing cast of scholarship on Chinese investment law and a worthy addition to Oxford University Press's International Economic Law series. * Nelson Goh, European Investment Law and Arbitration Review * I have no hesitation in recommending this book to those international legal practitioners who are dealing with China's international investment-related issues and those who are interested in the legal, international relations and economic perspectives of China's policy towards international investment law. This book is reader-friendly, informative and pragmatic. In conclusion, this book will become an essential reference for those readers who want to learn more about the legal aspects of China's international investment regime. * Charles Ho Wang Mak, China and WTO Review * China's International Investment Strategy contains original research and breaks new ground in addressing key problems raised by China's three-prong investment policy. The strength of the book is its coverage, both in terms of the range of issues discussed, as well as, the regions and countries that would be benefited by the discussions. Some of the chapters have adopted qualitative analysis while others have heavily relied on data and statistics. In this respect, the book contains unique and valuable insights for cross-discipline researchers such as political scientists, and economists. [...] China's International Investment Strategy will undoubtedly facilitate debate that would be useful for future legal scholarship. * Tanjina Sharmin, Cambridge Law Journal * The book is part of the Oxford International Law series of publications. In their preface to the book, the editors of this series (Professors Mitchell and Voon), observe that China's International Investment Strategy is an invaluable contribution to our understanding of China's international investment law strategy across domestic, bilateral regional and global levels. I agree entirely and would add that the book also is a must-have for all who wish or need to understand China-related investment disputes. This will be for many years to come a major work for China scholars and practitioners alike. * Romesh Weeramantry, Asian Dispute Review * Readers who seek a better understanding of China's policy towards international investment law, giving context to the present reform as well as an understanding of its drivers, have an expansive resource in China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy, edited by Professor Julien Chaisse with chapters by thirty-five authors. The compendium casts a net at once wide and deep enough to appeal both to specialists and a general readership. [...] Stepping back from the mosaic of commentaries, the reader nevertheless observes harmonies and tensions in China's investment policy. The compilation presents China as a willing investment policy-maker on the global stage whose treaty practice shifts to accommodate political and economic realities even as it gains coherence in some areas. * James Claxton, International Journal of Public Law and Policy * China's International Investment Strategy [...] is an important legal treatise for understanding the trajectory of China's investment -based economic transformation. [...] Amidst a burgeoning US-China trade war, China's economic slowdown, introduction of investment screening reforms in the EU and China, China's newly passed Foreign Investment Law and scepticism of the Belt and Road, this book is a timely and essential volume for understanding the challenges ahead of China and its global partners. In the midst of renewed attempts for multilateral investment norm regulation, this book is also a reminder that bilateralism remains the standing order of international investment law. Overall, this is an important compendium providing broad perspectives and insights. * Duong Nguyen, Journal of International Economic Law * China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy provides a comprehensive and thorough analysis of the most contentious subjects of international investment law, with a focus on China's increasing role in the shaping of international rules and governance. As a long-time observer of the theory and practice of international investment law, I am delighted to see the publication of this book and strongly recommend it as a must read on the subject for both academics and students alike. * Tong Qi, ICSID Review * The chapters cover a wide range of topics, from broader issues and challenges such as globalisation of Chinese enterprises and the influence of tax policy on Chinese investments to the addressing of sustainable development concerns in Chinese investment agreements. Together, they create a harmonious narrative of the growing and multifaceted role of China as a major economic power in the international economic arena [...] As a whole, in order to provide a comprehensive analysis of the subject, the volume combines legal and international relations perspectives. As such it serves as an excellent source for legal and IR scholars, policymakers and practitioners alike, as well as others who are interested in international economic governance and contemporary China's commercial policy in times of the growing use of economic tools for geopolitical purposes * Ondrej Svoboda, Charles University, Prague, Czech Republic, Czech Journal of International Relations *


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