China’s Foreign Investment Legal Regime
Toward China’s Development Goals
Series: - Nijhoff International Investment Law Series, Volume: 22
China’s foreign investment legal regime encompasses domestic laws governing inward and outward investments, investment treaties and the Belt and Road Initiative. Can China’s foreign investment legal regime lead its two-way investments towards the country’s five development goals (building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making)? Yawen Zheng pioneers a systematic study of China’s foreign investment legal regime, finding that the regime has gradually made progress towards the development goals, but the effort is diluted by obstacles such as outdated treaties, conflicts with the West, and domestic political challenges.
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Yawen Zheng, Ph.D (2021), University of Edinburgh, is a postdoctoral fellow of investment law and policy at the Centre for International Law, National University of Singapore. Her work has appeared in journals including the Journal of World Investment and Trade.
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
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
2.3
2.4
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
2
3
4
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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