China's Foreign Investment Legal Regime

China's Foreign Investment Legal Regime

Toward China's Development Goals

Zheng, Yawen

Brill

01/2023

272

Dura

Inglês

9789004534551

15 a 20 dias

643

Descrição não disponível.
Preface and Acknowledgements

List of Figures and Tables

List of Legislation, Normative Documents, Treaties and Non-binding Documents

? Chinese Legislation and Normative Documents

?? Chinese Laws and Amendments Passed by the National People's Congress

?? Administrative Regulations and Normative Documents Passed by the State Council

?? Rules and Normative Documents Passed by Organs of the State Council

?? Local Regulations and other Normative Documents

? China's Investment Treaties and Treaties with Investment Provisions

? Other China's Agreements and Treaties

? Other Legislation and Institution Rules, Non-binding Documents,Conventions and Treaties

List of Cases

Abbreviation and Acronyms



1 China's Two-Way Investments and Its Development Goals

?1 China's Development Goals Relating to Its Foreign Investments

??1.1 Building Technological Capacity

??1.2 Deepening Integration into the Global Economy

??1.3 Promotion of Green Development

??1.4 Protection of Security

??1.5 Participation in Global Economic Governance and Rule-Making

??1.6 Requirements of the Development Goals for China's Foreign Investment Legal Regime

?2 Historical Development of China's Inward Foreign Investments

?3 Historical Development of China's Outward Foreign Investments



2 China's Domestic Law Governing Inbound Foreign Direct Investment

?1 Historical Development of China's Domestic Foreign Investment Legal Regime

??1.1 Historical Evolution of the Laws Governing the Three Major Types of FIE s

??1.2 The Change of Guideline Catalogues of Foreign Investment Industries and Project Approval Procedures

??1.3 The Incremental Establishment of the National Security Review Mechanism

?2 The Recent Reform of China's Foreign Investment Legal Regime

??2.1 Positive Steps towards China's Development Goals

??2.2 False Steps towards China's Development Goals

?3 Conclusion



3 China's Domestic Law Governing Outbound Foreign Direct Investment

?1 Historical Development of China's Domestic Legal Regime Governing ODI s before "Going-out"

?2 Ex ante and ex post Supervision of China's ODI s

??2.1 Ex ante Supervision of Overseas Investment Projects

??2.2 Ex ante Supervision of Overseas Enterprises

??2.3 Ex post Supervision of ODIs

?3 Promotion of China's ODI s

?4 Protection of China's ODI s

??4.1 Service Provided by the Authorities

??4.2 Investment Insurance

?5 Possibility of Establishing China's Investment Court

?6 Conclusion



4 China's Investment Treaties and Treaties with Investment Provisions

?1 Treaty Contents That Directly Incorporate China's Development Goals

??1.1 Preamble

??1.2 Investment Promotion Clause

??1.3 Not Lowering of Standard Clause

??1.4 General Exception Clauses

??1.5 Criteria to Determine Indirect Expropriation

?2 Provisions That Can Be Designed to Suit the Need of China's Development Goals

??2.1 Definition of Investment

??2.2 NT Clause

??2.3 MFN Treatment

??2.4 FET Clause

??2.5 Obligation of FPS

?3 The Approaches of Treaty Implementation

??3.1 Institutional Arrangements for Implementation

??3.2 Investor-State Arbitration

?4 Dealing with China's Existing Treaties That Fail to Meet theRequirements of the Development Goals

?5 Conclusion



5 The "Belt and Road" Initiative and China's Development Goals

?1 BRI and Building Technological Capacity

?2 BRI and Promoting Green Development

?3 BRI and Participating in Global Economic Governance and Rule-Making

?4 BRI and Investment Promotion

?5 Challenges of Implementing the BRI

?6 Proposal of Making a Comprehensive BRI Investment Treaty

??6.1 Necessity and Approach of Making a BRI Investment Treaty

??6.2 Essential Contents of the BRI Investment Treaty

?7 Conclusion



Concluding Remarks

Bibliography

? Books

? Book Chapters

? Journal Articles

? Online Articles

? Official Documents, Reports and Speeches

? News Media

? Web Pages



Index
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