Chinas Foreign Investment Legal Regime
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| Author | : Yuwen Li |
| Publisher | : Routledge |
| Total Pages | : 222 |
| Release | : 2022-03-11 |
| Genre | : Business & Economics |
| ISBN | : 1000551652 |
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 | : Julien Chaisse |
| Publisher | : |
| Total Pages | : 561 |
| Release | : 2019 |
| Genre | : Business & Economics |
| ISBN | : 0198827458 |
This book explores the three tracks of China's investment policy and strategy: bilateral agreements, regional agreements, and global initiatives. Its overarching topic is whether these three tracks compete with or complement one another - a question of profound importance for China's political and economic future and world investment governance.
| Author | : Wenhua Shan |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 449 |
| Release | : 2014-10-30 |
| Genre | : Business & Economics |
| ISBN | : 9004279636 |
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 | : Shoushuang Li |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 327 |
| Release | : 2007-03-08 |
| Genre | : Law |
| ISBN | : 3540483772 |
The Chinese market is appealing, but its legal environment is very complicated and full of nooses that await investors. This book intends to provide an in-depth analysis of the legal environment and its hidden risks for foreign investment. It covers two basic investment modes which are green-field and M and A, and almost all concrete legal issues including political risk, tax, land use rights, labor etc. Among them, three chapters focus on the legal system and its risks for the foreign investment in three special industries as private education, water market and insurance. The detailed analysis is based on the newest laws and regulations.
| Author | : G. Matteo Vaccaro-Incisa |
| Publisher | : BRILL |
| Total Pages | : 437 |
| Release | : 2021-04-26 |
| Genre | : Law |
| ISBN | : 9004443932 |
With his comparative and analytical review of China's treaty policy and practice in international investment law, Vaccaro-Incisa draws the most detailed, comprehensive, effective, and objective work ever published on this subject.
| Author | : Guiguo Wang |
| Publisher | : Routledge |
| Total Pages | : 613 |
| Release | : 2014-12-05 |
| Genre | : Law |
| ISBN | : 1134442424 |
Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China’s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system. The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies.
| Author | : Michael J. Enright |
| Publisher | : Taylor & Francis |
| Total Pages | : 275 |
| Release | : 2016-09-12 |
| Genre | : Business & Economics |
| ISBN | : 1315393336 |
The importance of foreign investment to China goes well beyond the USD 1.6 trillion in investment received since its opening. The unique analysis in this book shows that the investments, operations, and supply chains of foreign enterprises have accounted for roughly one-third of China’s GDP in recent years, and that foreign enterprises have made numerous additional contributions to China through technological, managerial, business practice, supply chain, and other spillovers. This book shows how China’s leaders managed this process and provides lessons for policy makers interested in building their own economies and tools for companies to demonstrate their contribution to host countries.
| Author | : Wei Jia |
| Publisher | : Praeger |
| Total Pages | : 222 |
| Release | : 1994-11-21 |
| Genre | : Business & Economics |
| ISBN | : |
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 | : Vivienne Bath |
| Publisher | : Routledge |
| Total Pages | : 284 |
| Release | : 2012-03-12 |
| Genre | : Law |
| ISBN | : 1136581057 |
This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.
| Author | : Yukon Huang |
| Publisher | : Oxford University Press |
| Total Pages | : 289 |
| Release | : 2017-06-22 |
| Genre | : Business & Economics |
| ISBN | : 0190630043 |
China's rise is altering global power relations, reshaping economic debates, and commanding tremendous public attention. Despite extensive media and academic scrutiny, the conventional wisdom about China's economy is often wrong. Cracking the China Conundrum provides a holistic and contrarian view of China's major economic, political, and foreign policy issues. Yukon Huang trenchantly addresses widely accepted yet misguided views in the analysis of China's economy. He examines arguments about the causes and effects of China's possible debt and property market bubbles, trade and investment relations with the Western world, the links between corruption and political liberalization in a growing economy and Beijing's more assertive foreign policies. Huang explains that such misconceptions arise in part because China's economic system is unprecedented in many ways-namely because it's driven by both the market and state- which complicates the task of designing accurate and adaptable analysis and research. Further, China's size, regional diversity, and uniquely decentralized administrative system poses difficulties for making generalizations and comparisons from micro to macro levels when trying to interpret China's economic state accurately. This book not only interprets the ideologies that experts continue building misguided theories upon, but also examines the contributing factors to this puzzle. Cracking the China Conundrum provides an enlightening and corrective viewpoint on several major economic and political foreign policy concerns currently shaping China's economic environment.
