1st Edition
China's Foreign Investment Law in the New Normal Framing the Trajectory and Dynamics
This book analyzes China's new foreign investment law which came into force in January 2020. The new law implemented sweeping changes and overhauled China’s foreign investment law regime of the last four decades. The foreign investment law aims to make the business environment more investor-friendly and address some of the contentious issues between US and China in the ongoing trade war.
The book explains how the law enhances regulatory transparency. It also outlines the new approval process, that is the pre-establishment negative list system which has replaced the former approval system for foreign investment projects. The book also analyzes China's series of anti-sanction laws.
This book will help give readers a better understanding of major changes and benefits under the new law and will be the first of its kind looking at the implications of this important law.
1. When Foreign Investment Meets China: Legal Developments and Legal Landscape (1978-2018) 2. New Bottle or Old Wine? - Major Changes in Foreign Investment Law 2019 3. Negative List: A Changing Governance Model 4. Intellectual Property Protection in Domestic and Bilateral Contexts 5. Another Hole in China’s ‘Great Wall of Money’? Conceptualizing the Involvement of Foreign Investments in the Chinese Non-Performing Loans Market under the US-China Trade Deal 6. Why Did the Door Not Open Wider in the aftermath of Alibaba? – Placing (or Misplacing) Foreign Investment in a Chinese Public Law Frame 7. Foreign Investment Law in the Context of Bilateral Investment Treaties 8. National Security Review in Foreign Investments: A Comparative Context 9. Is Unreliable Entity List Reliable? 10. Can Blocking Statutes Block Unfair Extraterritoriality? 11. China’s Law on Countering Foreign Sanctions 12. Conclusion
Biography
Shen Wei is the KoGuan Distinguished Professor of Law at Shanghai Jiao Tong University Law School. He is also the Global Professor of Law at New York University School of Law and L. Bates Lea Visiting Professor of Law at Michigan Law School.
‘This is a first-rate book on how to understand China's new 'Foreign Investment Law'. In this volume, Professor Shen reassesses a collection of key issues that shape China’s complex regime on foreign investment, such as the major changes in foreign investment law 2019, the rise of negative list, national security review, and the interactions between domestic and international rules. The analysis is comprehensive and thoughtful which makes this book a most valuable and important contribution to foreign investment literature.’
Julien Chaisse, Professor of Law, City University of Hong Kong & President, Asia Pacific FDI Network, Twitter: @jchaisse
‘China has presented excellent opportunities for investment in recent decades and appears poised to continue this trend. However, language barriers, misinformation and political polemic can obscure judgement about investing in China. This authoritative new book by Professor Shen offers very welcome insight and clarity in this difficult context. I am confident that Professor Shen’s study of China’s foreign investment law will both guide the uninitiated and enlighten China specialists for years to come.’
David Donald, Emeritus Professor of Law, Chinese University of Hong Kong
‘This book provides a timely and comprehensive analysis of China’s new Foreign Investment Law of 2019, examining a variety of relevant issues, such as negative list, unreliable entity list, intellectual property protection, bilateral investment treaties and national security review. It should be compulsory reading for anyone interested in the development and regulation of foreign investment in China.’
Robin Hui Huang, Professor of Law, Chinese University of Hong Kong
‘In this timely book, Professor Shen makes an essential contribution to our understanding of China’s foreign investment law landscape. The author situates China’s ‘new’ investment reforms in their proper historical context, and carefully distinguishes substantive novelty from rebranded continuity. In clear and analytical language, Professor Shen thoughtfully dissects key elements of China’s foreign investment law framework, making this book a treasure-laden resource for academics and practitioners involved in navigating the Chinese investment regime.’
Mark Mclaughlin, Visiting Assistant Professor, Singapore Management University
‘As an integral component of China’s opening-up and economic reforms, its foreign investment regime has undergone waves of remarkable changes. Professor Shen’s book provides not only a comprehensive review of the regime’s evolution but also sophisticated analysis of some of its most important elements which are under-studied and not widely understood. This book further offers detailed discussions of China’s latest regulatory developments in response to mounting challenges posed by foreign sanctions, which have considerable and far-reaching implications for the future development of China’s foreign investment regime. Faced with the pressing need to stabilize and enhance the international economic legal order, this book provides a timely and valuable source for academics, policymakers, practitioners, and other stakeholders.’
Associate Professor Weihuan Zhou, Member of the Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre, Faculty of Law & Justice, UNSW Sydney
