China-European Union Investment Relationships


China-European Union Investment Relationships

Towards a New Leadership in Global Investment Governance?

9781788971898 Edward Elgar Publishing
Edited by Julien Chaisse, Professor, School of Law, City University of Hong Kong, and President, Asia Pacific FDI Forum, Hong Kong SAR
Publication Date: 2018 ISBN: 978 1 78897 189 8 Extent: 328 pp
Based on original research, and bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, both internally and internationally. Covering key topics on the subject, this book draws together diverse perspectives into a single collection, and is an invaluable tool for both scholars and practitioners of trade and investment law, as well as human rights and environmental law and policy.

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Critical Acclaim
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The subject of investment relationships between the European Union and China is an increasingly vital topic to understand, yet academic literature has until now been underexplored. Bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, which will prove to be vital in the field of international economic law.

Divided into three parts, this book deals with the key issues of the EU-China investment partnership and its implications, both internally and internationally. Each chapter in China-European Union Investment Relationships covers a core theme of the subject of international economic law, including competition law, financial regulation, economic integration and dispute resolution.

Covering the key topics in the area, and drawing diverse perspectives into a single collection, this book is an important resource for scholars and practitioners in legal and policy fields, and will be invaluable for students of trade and investment law to understand in more detail human rights and environmental law and policy.
Critical Acclaim
‘Readers might find this book exceeds their expectations. Primarily, this book addresses the investment relationships between the EU and China; however, it also considers human rights and environmental law and policy. Hence, this book is not only comprehensive in its coverage on the investment relationships between the EU and China, but also their relationship in general. I have no hesitation in recommending this book to those international legal practitioners who are dealing with issues related to the EU’s and China’s investment and those who are interested in the EU’s and China’s relationship in general. This book is practical, informative, innovative, and reader friendly. To conclude, I think this book will hugely benefit those readers who want to know about the
legal positions of both parties in the comprehensive agreement on investment negotiations.’
– Asian Journal of International Law

‘This is a first-rate book on how to comprehend and approach China-EU investment relationships. Professor Julien Chaisse and the contributors, through political economics, international relations and international law perspectives, offer thought-provoking insights of the history, present and future of these relationships. The book presents comprehensive and convincing arguments on a number of important aspects of these relationships, including the negotiation of an investment treaty and the reform of the investor-state dispute settlement mechanism. It is an indispensable reference for national and international policymakers, legal practitioners and scholars in the field of international investment and trade law.’
– Manjiao Chi, University of International Business and Economics, China

‘Unlike the multilateral trade system sponsored by the WTO, the international investment regime is governed either by bilateral agreements or simply by domestic law. China and the EU are the two most important investors and host country (area) for each other. The rapid increase of FDI needs a comprehensive agreement to navigate it in a consistent and predictable way. The current book China-European Union Investment Relationships anticipates the forthcoming negotiations and examines the legal positions from which both parties will begin their negotiations. In so doing, this book provides stakeholders, such as policymakers, academics and the general public, with a roadmap to the issues raised in the forthcoming negotiations.’
– Jiaxiang Hu, Koguan, Shanghai Jiao Tong University, China

‘This book is a highly timely contribution to understanding the chances and challenges of the ongoing EU-China investment treaty negotiations that have gained predominant importance in shaping the future standard of international investment protection at times where the US administration increasingly falls out of international economic relations. It explains the political, legal and economic issues informing the negotiations, discusses substantive concerns and examines approaches to regulate the controversial dispute settlement mechanism. The cooperation between Western and Chinese scholars makes it a particularly valuable resource that provides not only new insight for experienced investment lawyers but is also suitable for non-experts interested in understanding the process of negotiations and its challenges.’
– Gudrun Monika Zagel, University of Salzburg, Austria
Contributors: J. Baumgartner, J. Chaisse, N.B. Duong, D. Freeman, M. Hodgson, J. Hu, J. Jemielniak, C.-C. Kao, P. Kerneis, D.J. Lewis, F. Lupo-Pasini, E. Neframi, F.D. Simões, V.V. Thien, C. Titi, C.-H. Wu


1. Toward A Comprehensive EU-China Investment Agreement
Julien Chaisse

Part I Drivers and Issues of China-EU Investment Relationships
2. Negotiating an Uncertain World: Economic and Political Dimensions of the Comprehensive Agreement on Investment
Duncan Freeman

3. The Competence to Conclude the EU’s New Generation of Free Trade Agreements: Lessons From Opinion 2/15
Eleftheria Neframi

4. EU-China Economic Relations: Interactions and Barriers
Pascal Kerneis

5. The Potential Role of Sustainability Impact Assessment in the EU-China BIT Negotiations
Fernando Dias Simões

Part II China-EU: Towards Innovation in Rule-Making?
6. FTZS, Catnthey Initiative A New Round Of Reforms In China?
Jiaxiang Hu

7. Refining the Expropriation Clause: What Role for Proportionality?
Catharine Titi

8. Investor nationality and the definition of investment: Policy options to limit the practice of “treaty shopping”
Jorun Baumgartner

9. Emerging Regulatory Issues for Financial Services in the New Generation of FTAs
Federico Lupo-Pasini

10. OBOR in the Context of China-EU FDI and China’s Evolving Economic Diplomacy
Donald J. Lewis

11. Investment Related Provision of EVFTA: Implications for Vietnam’s Policy Reforms
Nguyen Binh Duong

12. Toward An EU-Taiwan Bilateral Investment Treaty: A Roadmap
Chien-Huei Wu

Part III From Investor-State Arbitration to a Permanent Investment Court?
13. How Much of a Court? The EU Investment Court System as a Hybrid Mechanism
Joanna Jemielniak

14. The Inclusion of Investment Court System into the EU-China CAI: Innovations, Prospects and Problems
Chi-Chung Kao

15. The Appellate Option: Promises and Pitfalls
Matthew Hodgson and Vee Vian Thien


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