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China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy: International Economic Law Series

Editat de Julien Chaisse
en Limba Engleză Hardback – 20 feb 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.
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Specificații

ISBN-13: 9780198827450
ISBN-10: 0198827458
Pagini: 560
Dimensiuni: 165 x 242 x 38 mm
Greutate: 0.98 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria International Economic Law Series

Locul publicării:Oxford, United Kingdom

Recenzii

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.
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 internationalinvestment law. Overall, this is an important compendium providing broad perspectives and insights.
In this book, Professor Julien Chaisse, a renowned scholar in the field of international economic law and China-expert, focuses on one the countries which are proactively (re)shaping our understanding of the international order: the People's Republic of China. This edited book presents, in a comprehensive, accurate, and organized manner, the gradual definition of China's investment strategy [...] most of the leading scholars and professionals who contributed to the book are based in Asia and working on a daily basis on issues relating to China. [...] Thanks to this book, the motivations behind China's strategy are clearer now.
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.
This book offers an impressive number of well-developed analyses of the most important and cutting-edging issues arising out of China's international investment strategy and policy. Considering the fast-changing nature of China's involvement in the international investment regime, including numerous recent and forthcoming trial initiatives, more and more issues are emerging to be researched [...] This book provides readers with a comprehensive picture of the characteristics of China's international investment policy, as a fundamental basis for the exploration of new issues and challenges which are reshaping international law and global governance.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
... 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.
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 excellent 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.
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 varietá 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.
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.

Notă biografică

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).