1st Edition
China, the EU and International Investment Law Reforming Investor-State 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;
Biography
Yuwen Li is a professor of Chinese law and the director of the Erasmus China Law Centre at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands.
Tong Qi is a professor of international economic law and the director of the Centre of Overseas Investment Law at the Law School of Wuhan University, China.
Cheng Bian is a researcher at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands.
