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 and controversial issues of the China-EU CAI negotiations, including market access, sustainable development, human rights, as well as comparing distinct features between the China-EU CAI and the China-US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency, and protection of victims in investment dispute resolution.
This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.
1. Introduction: Opportunities and Challenges Towards a China-EU Comprehensive Agreement on Investment YUWEN LI and CHENG BIAN; Part I: China-EU Comprehensive Agreement on Investment: Core Issues; 2. The China-EU Investment Agreement Negotiations: Rationale, Motivations and Contentious Issues AXEL BERGER; 3. Convergences and Divergences in the China-EU and the China-US BIT Negotiations HONGYU FU and MENG WAN; 4. Elements of Public Policy in the Making of the China-EU Comprehensive Agreement on Investment CHENG BIAN and YUWEN LI; 5. Bridging the Gap between Investments and Human Rights Protection: Prospects and Challenges for the China-EU CAI MATTHIEU BURNAY; Part II: Reforming ISDS: Institutional Aspects; 6. Judicialization of ISDS: The European Union’s Approach to Multilateral Reform of Investment Dispute Settlement COLIN BROWN and ELIO GAARTHUIS; 7. Concrete Issues in Instituting an International Investment Court JUN XIAO; 8. Reforming ISDS: A Chinese Perspective HUIPING CHEN; 9. China’s Policy on ISDS Reform: Institutional Choice in a Diversified Era TONG QI; 10. Investor-State Arbitration: An Economics and Empirical Perspective MICHAEL FAURE and WANLI MA; Part III: Reforming ISDS: Substantive and Procedural Aspects; 11. European Perspectives on the Role of National Courts in the Resolution of Investor-State Disputes VID PRISLAN; 12. Is (In)Consistency a Problem? - A Close Look at Juridical Techniques in Interpreting Jurisdiction Clauses in Chinese BIT Cases WEI SHEN; 13. Transparency of ISDS in the Making of a China-EU CAI: Consensus and Differences MANJIAO CHI; 14. The Status of State-Owned Enterprises in ISDS from an EU Perspective ALESSANDRO SPANO; 15. The Status of State-Owned Enterprises in ISDS from a Chinese Perspective SHENG ZHANG; 16. Protection of Victims in International Investment Dispute Resolution: Juxtaposing Different Topics? MARTIJN SCHELTEMA; 17. A Comprehensive Chapter on Anti-Corruption in the China-EU CAI: A Progressive or an Unnecessary Step? YUEMING YAN;
There is no doctrine more effective than the rule of law in portraying the complex transformation of Chinese society from the rule of men towards the rule of law - a process inaugurated in post-Mao China which is continuing to advance legal reforms to the present day. In other parts of the world, striving for the rule of law is also evident: countries in transition face a similar mission, while the developed democratic countries are forced to tackle new challenges in retaining the high benchmark of the rule of law that has been established.
Research on the legal system in China and in comparison with other countries in the framework of the rule of law covers broad topics of public and private law, substantive law and procedural law, citizens’ rights and law enforcement by courts. Based on this broad understanding of the rule of law, the series presents international scholarly work on modern Chinese law including: comparative perspectives, interdisciplinary, and empirical studies.