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Product details:
- Publisher OUP Oxford
- Date of Publication 26 March 2009
- ISBN 9780199230259
- Binding Hardback
- No. of pages654 pages
- Size 247x183x40 mm
- Weight 1258 g
- Language English 0
Categories
Short description:
This is a comprehensive commentary on Chinese bilateral investment treaties (BITs), which are being increasingly used in Chinese foreign investment policy. It will define BITs' role, analyse and interpret their key provisions, and discuss the future of China's investment programme.
MoreLong description:
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 other international 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 the dramatic 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 to foreign 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 the domestic system and consider the implications for a foreign investor in China.
The book is well written and structured, with useful introductions and conclusions in most chapters. [It] achieves its stated aims of providing a comprehensive commentary on Chinese investment treaties there is no doubt that this will prove to be a useful reference text for advisers, students and scholars alike.
Table of Contents:
International Investment in China and the BIT programme
Scope and Definition
Fair and Equitable Treatment
Non-discrimination Treatment
Monetary Transfer
Umbrella Clause and Investment Contract
Expropriation
Settlement of State-Investor Disputes
Conclusions: Towards a New Model Investment Treaty for China
List of signed Chinese BITs (as of July 2008)
Chinese Model BIT Version I
Chinese Model BIT Version II
Chinese Model BIT Version III (Current)
Draft New Model BIT
Representative Chinese BITs
Sweden BIT 1982
UK BIT 1986
Australia BIT 1988
Japan BIT 1988
Korea BIT 1992
Netherlands BIT 2001
Germany BIT 2003
Russia BIT 2006
Seychelles BIT 2007
Mexico BIT 2008
New Zealand Free Trade Agreement 2008, Chapter 11
ICSID Convention
China’s Notification of Class of Dispute to the ICSID
