Overview

China's success in attracting foreign direct investment (FDI) in the last decade is undisputed, and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. The second title to publish in the new Oxford International Arbitration Series is a comprehensive commentary on Chinese BITs.Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book will provide a detailed review and analysis of China's approach to foreign investment. It will consider the current role of investment treaties in China's foreign economic policy, analyse and interpret the key provisions of the BITs, and discuss the future agenda of China's investment programme. It will look at how this investment regime interconnects with the domestic system and consider the implications for a foreign investor in China.

Full Product Details

Author:   Norah Gallagher (Dean and Professor of Law, Xi'an Jiatong University, China) ,  Wenhua Shan (Solicitor, Herbert Smith LLP)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 18.30cm , Height: 4.00cm , Length: 24.70cm
Weight:   1.258kg
ISBN:  

9780199230259

ISBN 10:   0199230250
Pages:   654
Publication Date:   26 March 2009
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

1: International Investment in China and the BIT programme 2: Scope and Definition 3: Fair and Equitable Treatment 4: Non-discrimination Treatment 5: Monetary Transfer 6: Umbrella Clause and Investment Contract 7: Expropriation 8: Settlement of State-Investor Disputes 9: Conclusions: Towards a New Model Investment Treaty for China AppendicesAppendix I: List of signed Chinese BITs (as of July 2008) Appendix II: Chinese Model BIT Version I Appendix III: Chinese Model BIT Version II Appendix IV: Chinese Model BIT Version III (Current) Appendix V: Draft New Model BIT Appendix VI: Representative Chinese BITs (a): Sweden BIT 1982 (b): UK BIT 1986 (c): Australia BIT 1988 (d): Japan BIT 1988 (e): Korea BIT 1992 (f): Netherlands BIT 2001 (g): Germany BIT 2003 (h): Russia BIT 2006 (i): Seychelles BIT 2007 (j): Mexico BIT 2008 (k): New Zealand Free Trade Agreement 2008, Chapter 11 Appendix VII: ICSID Convention Appendix VIII: China>'s Notification of Class of Dispute to the ICSID

Reviews

This book is the first study of Chinese BIT practices. Although it focusses on Chinese treaties, the authors do draw comparisons with other investment treaties. They also analyse arbitration case-law from investment tribunals under BITs not concluded by China, therefore giving the book a wider scope and making it a truly useful tool for any investment law specialist Droit et Pratique des Investissements Internationaux ...provides immensely reliable and useful information about Chinese investment protection law...Chinese Investment Treaties is an excellent guide that will be immensely useful to specialists, practitioners and academics alike Christian J. Tams, German Yearbook of International LAW

The book is well written and structured, with useful introductions and conclusions in most chapters. [It] achieves its stated aims of providing a comprehensive commentary on Chinese investment treaties there is no doubt that this will prove to be a useful reference text for advisers, students and scholars alike. Australian Journal of Asian Law This book is the first study of Chinese BIT practices. Although it focusses on Chinese treaties, the authors do draw comparisons with other investment treaties. They also analyse arbitration case-law from investment tribunals under BITs not concluded by China, therefore giving the book a wider scope and making it a truly useful tool for any investment law specialist Droit et Pratique des Investissements Internationaux ...provides immensely reliable and useful information about Chinese investment protection law...Chinese Investment Treaties is an excellent guide that will be immensely useful to specialists, practitioners and academics alike Christian J. Tams, German Yearbook of International Law

Author Information

Professor Wenhua Shan is the Dean and Tengfei Professor of International Law at the School of Law of Xian Jiaotong University, PR China. He is also Professor of International Law at Oxford Brookes University, UK. As a PhD from the University of Cambridge and and a practising Chinese lawyer (barrister and solicitor), Professor Shan has written extensively on international investment law and arbitration, and has advised Chinese and foreign governments on investment treaty negotiations and arbitration cases. His recent publications include Chinese Investment Treaties: Policies and Practice (co-authored with Ms Norah Gallagher, OUP 2009), The Legal Framework of EU-China Investment Relations: A Critical Appraisal (Hart Publishing 2005) and Redefining Sovereignty in International Economic Law (Hart Publishing 2008). He was recently awarded the title of Special Government Allowance Expert by the State Council of PR China. Norah Gallagher is Director of the Director of the Investment Treaty Forum, BIICL. She is a specialist in international arbitration and public international law with Herbert Smith, and a lecturer on the International Trade and Investment Dispute Settlement course at Queen Mary University, London. Before joining Herbert Smith, she was a Research Fellow of the Lauterpacht Research Centre for International Law, University of Cambridge, where she worked for several years on international dispute resolution. She has acted in arbitrations under ICC, ICSID and LCIA, advised states and corporations on public international law issues, and has been involved with cases before the International Court of Justice.

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