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China, the EU and International Investment Law: Reforming ~ This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key .
China, the EU and international investment law : reforming ~ Get this from a library! China, the EU and international investment law : reforming investor-state dispute settlement. [Yuwen Li; Tong Qi; Cheng Bian, (Legal researcher);] -- This book provides an original and critical analysis of the most contentious subjects being negotiated in the China-EU Comprehensive Agreement on Investment (CAI). It focuseson the pathway of .
China, the EU and international investment law : reforming ~ Get this from a library! China, the EU and international investment law : reforming investor-state dispute settlement. [Yuwen Li; Tong Qi; Cheng Bian, (Legal researcher);] -- "This book provides an original and critical analysis of the most contentious subjects being negotiated in the China-EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of .
Reforming Investor–State Dispute Settlement: A ~ I. INTRODUCTION: GROWING CONSENSUS ON THE NEED FOR REFORM. Provisions on investor–state dispute settlement (ISDS) have been a core component of international investment agreements (IIAs) for decades. 1 Recognizing the need for neutral, independent, and efficient dispute settlement, IIAs react to shortcomings at the domestic level and grant foreign investors recourse to international .
Reforming the investor-state dispute settlement mechanism ~ This paper aims at understanding the relationship between the investor-state dispute settlement (ISDS) mechanism and the host states’ right to regulate. Fragmented into over 3300 bilateral investment treaties (BITs), international investment law is being increasingly challenged by states who believe that the regime is imbalanced. This can be seen from the decision of various states to either .
China’s Evolving Approach to International Dispute Settlement ~ China is an active player in the World Trade Organization’s dispute settlement mechanism. In the field of international investment law, China is increasingly prepared to subject disputes to international arbitration. In newer areas of international law, such as the regime governing deep-sea mining, we are likely to see China engaging .
Investor-State Arbitration in China: A Comparative ~ This is evident, for example, in China’s growing interest in the functioning of the International Center for the Settlement of Investment Disputes (ICSID), among other institutions, in its inclusion of ISA in its Model Bilateral Investment Agreement and in various regional and bilateral agreements it has concluded.
Investor-State Arbitration in China: A Comparative ~ The European Union (EU) and the People's Republic of China (PRC or China) in January 2014 decided to launch negotiations on a bilateral treaty addressing the promotion and protection of investment .
Investor-state dispute settlement reform – Mapping the way ~ process. The DoJ, ICSID and AAIL coorganised the ‘Investment Law & - Investor-State Mediator Training’ in October 2018. This is the first investment law-cum-investment mediation training course in Asia, and is pivotal in developing Hong Kong as an international investment law and dispute resolution skills training centre.
Reforming the International Investment Regime: Lessons ~ Developing the International Rule of Law under NAFTA Chapter 11’, 2 Chicago Journal of International Law 193 (2001); C. N. Brower and Stephan W. Schill, ‘Is Arbitration a Threat or a Boon to the Legitimacy of International Investment Law’, 9 Chicago Journal of International Law 471 (2009); Stephan W. Schill, ‘Fair and Equitable .
The New Foreign Investment Law in China / Asia Briefing ~ China has faced a deluge of international criticism over its treatment of foreign businesses and the perceived slow pace of market opening over the past year. Looking to restore the confidence of foreign investors, China passed a new Foreign Investment Law in March this year. The law establishes a new framework to govern foreign investment in China and addresses a number of common concerns .
Investor-state arbitration: an economic and empirical ~ In Li Y, Qi T, Bian C, editors, China, the EU and international investment law: Reforming investor-state dispute settlement. Oxon/New York: Routlegde. 2020. p. 124-138. (The Rule of Law in China and Comparative Perspectives).
Reforming the WTO Dispute Settlement System: A Rethink of ~ Reforming the WTO Dispute Settlement System: . and the Law of the World Trade Organisation', (2008), 3(1) Asian Journal of Comparative Law 1, p. 26. 120 Jin Gu, note 116, p. 29-30. 121 Adam Gross, note 53. 122 Certain developing countries in East Asia, because of their character, would prefer to participate indirectly in the DSM, "Yet it is .
Introduction TDM Special issue on "Reform of Investor ~ To begin, Stephan Schill in his paper "The Sixth Path: Reforming Investment Law from Within" sketches out a path for investment law reform that is based on an internal-system reconceptualization of investor-State arbitration as a form of public law-based judicial review. He argues that public law ideas and comparative public law methodology can .
Designing Investment Dispute Settlement à la Carte ~ 1 Introduction: Tabula Rasa in Investment Dispute Settlement Reform? Calls for investment law reform, long restricted to dissonant voices in academia and global politics, have gone mainstream. 1 At the United Nations Commission on International Trade Law (UNCITRAL) a multilateral consensus has emerged on the desirability of reforming investor-state dispute settlement (ISDS). 2 On this occasion .
Yearbook on international investment law & policy 2014 ~ Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally.
Dickson-Smith, Kyle Dylan; Mercurio, Bryan --- "Australia ~ International Centre for Settlement of Investment Disputes (‘ICSID’). Even the Productivity Commission conceded that such a strategy ‘is more feasible for large businesses’: 2010 Productivity Commission Report, above n 15, 270. Namely, the law of host State may be invoked under conflict of laws rules.
Investor-State Dispute Settlement: Conflict, Convergence ~ The present article responds to the critical perspective Kate Miles offers on international investment law in her article “Investor-State Dispute Settlement: Conflict, Convergence, and Future .
KWM / Dispute resolution and choice of law in China ~ Dispute resolution and applicable law in domestic contracts. While parties to domestic transactions have flexibility to choose between court or arbitration, unlike parties to foreign-related transactions, PRC law requires them to resolve their disputes in China in accordance with PRC law. 1. Choice of court
From Bilateral Arbitral Tribunals and Investment Courts to ~ This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy.
Books on Investment Treaties and Disputes / WHSmith ~ China, the EU and International Investment Law: Reforming Investor-State Dispute Settlement (The Rule of Law in China and Comparative Perspectives) Yuwen Li Hardback
China - Trade - European Commission ~ China is now the EU's second-biggest trading partner behind the United States and the EU is China's biggest trading partner. The EU is committed to open trading relations with China. However, the EU wants to ensure that China trades fairly, respects intellectual property rights and meets its obligations as a member of the World Trade .
Chinese foreign investment law reform: From approval ~ In recent years, China has been dedicated to revamp its case-by-case approval-based foreign investment regulation mechanism, and it has reformed its foreign investment law very considerably and transformed the approval-based mechanism into a filing/registration-based regulation mechanism. The new regulation mechanism largely lowers the administrative and compliance costs of establishing a .
From Bilateral Arbitral Tribunals and Investment Courts to ~ This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy.