China's Treaty Policy and Practice in International Investment Law and Arbitration

A Comparative and Analytical Study

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In this comparative and analytical study, G. Matteo Vaccaro-Incisa offers the most comprehensive and detailed account of China's Treaty Policy and Practice in International Investment Law and Arbitration published to date. After outlining the evolution of China's macroeconomics and ideological stance toward foreign investment, the author analyzes the relationship between the model investment treaties China adopted over the time and those of other traditional key players in the field (Germany, UK, France, Italy, Netherlands). Most innovatively, by analytically surveying several key provisions (including ISDS, expropriation, MFN, NT, FET, FPS) of 120 International Investment Agreements concluded by China, this work manages to draw an objective assessment of the investment treaty policy and practice of a nation that has quickly become a leading importer and exporter of capital across the globe.

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G. Matteo Vaccaro-Incisa, Ph.D. (Geneva & Bocconi, 2014), LL.M. (MIDS, 2009), is Jean Monnet Fellow at the European University Institute (Florence) and of counsel at Carnelutti Law Firm (Milan). His research dwells on the intertwine between public international law, international economic law, and international dispute settlement, with focus on China and Russia.
Contents
Foreword
Acknowledgments
List of Abbreviations
List of Illustrations
Highlights and Styles (Tables 4–7 and 12–16)
Table of Cases

Introduction

1 The Rise of a Trade and Investment Behemoth: The People’s Republic of China
 A Investment Agreements’ History, Policy and the Current Shift towards Southeast Asia: an Outline
 B China’s Policy Evolution towards FDIs and BITs (1949–2015): Outline and Remarks
 C The Quasi-Absence of Known Investor-State Disputes with China
 D The People’s Republic: What Kind of Economy?
 E The Role of State-Owned Enterprises in Chinese Outward FDI
 F Conclusion

2 Chinese IIAs: Treaty Templates and Selected Aspects of Treaty Practice
 A Adopting the Model BIT: Policy Rationale
 B Structure of the Chinese Model BIT
 C Preamble, Application, and Definition of Investment
 D Conclusion

3 Analytical Review of China’s Treaty Practice and Key Protection Standards
 A Defining the Research Perimeter and the Relevant Comparators
 B ISDS Clauses in Chinese IIAs
 C The Expropriation Clause in Chinese IIAs
 D The Most-Favored-Nation Clause in Chinese IIAs
 E The National Treatment Clause in Chinese IIAs
 F Fair and Equitable Treatment, Full Protection and Security, and Prohibition of Arbitrary or Discriminatory Treatment in Chinese IIAs
 G Conclusion

Conclusion
 China’s Model BITs
 China’s Investment Treaty Practice
 China and the Proposal for an International Investment Court
 The Contribution of This Work
Bibliography
Academics involved in research in international investment law and dispute settlement, including investor-State dispute settlement reform; practitioners and law firms involved in investment arbitration with China.