Chinese Investment Treaties: Policies and Practice

Hardcover | April 4, 2009

byWenhua Shan, Norah Gallagher

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China's success in attracting foreign direct investment (FDI) in the last decade is undisputed, and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and otherinternational investment instruments. The second title to publish in the new Oxford International Arbitration Series is a comprehensive commentary on Chinese BITs.Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China and thedramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book will provide a detailed review and analysis of China's approach toforeign investment. It will consider the current role of investment treaties in China's foreign economic policy, analyse and interpret the key provisions of the BITs, and discuss the future agenda of China's investment programme. It will look at how this investment regime interconnects with thedomestic system and consider the implications for a foreign investor in China.

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From the Publisher

China's success in attracting foreign direct investment (FDI) in the last decade is undisputed, and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and otherinternational investment instruments. The second title t...

Dr Wenhua Shan is Dean and Professor of Law at Xi'an Jiatong University, China as well as Senior Lecturer in Law at Oxford Brookes University, having lectured or held posts at Xiamen University, University of Cambridge, SOAS, Jinan University and the National University of Singapore. He is Director of the Federation of Chinese Profess...

other books by Wenhua Shan

Format:HardcoverDimensions:330 pagesPublished:April 4, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199230250

ISBN - 13:9780199230259

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Table of Contents

IntroductionInvestment in China and Investment TreatiesEvolution of Chinese BIT programmeInvestment Treaties in the Chinese Legal System1. Definition and Application2. Fair and Equitable Treatment3. Non-Discrimination Treament4. Money Transfer5. Umbrella Clauses6. Expropriation and Compensation7. Settlement of State-Investor Disputes8. The Future of Chinese BITsAPPENDICESSAMPLE CHINESE MODEL BITSSAMPLE BITs (WITH GERMANY, UK, CHILE, ASEAN, JAPAN)LIST OF CHINESE INVESTMENT TREATIESDRAFT NEW MODEL BIT