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China's Treaty Policy and Practice in International Investment Law and Arbitration
A Comparative and Analytical Study
Series: - Nijhoff International Investment Law Series, Volume: 17
Author:
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In this comparative and analytical study, G. Matteo Vaccaro-Incisa offers the most comprehensive and detailed account of China's Treaty Policy and Practice in International Investment Law and Arbitration published to date. After outlining the evolution of China's macroeconomics and ideological stance toward foreign investment, the author analyzes the relationship between the model investment treaties China adopted over the time and those of other traditional key players in the field (Germany, UK, France, Italy, Netherlands). Most innovatively, by analytically surveying several key provisions (including ISDS, expropriation, MFN, NT, FET, FPS) of 120 International Investment Agreements concluded by China, this work manages to draw an objective assessment of the investment treaty policy and practice of a nation that has quickly become a leading importer and exporter of capital across the globe.
In this comparative and analytical study, G. Matteo Vaccaro-Incisa offers the most comprehensive and detailed account of China's Treaty Policy and Practice in International Investment Law and Arbitration published to date. After outlining the evolution of China's macroeconomics and ideological stance toward foreign investment, the author analyzes the relationship between the model investment treaties China adopted over the time and those of other traditional key players in the field (Germany, UK, France, Italy, Netherlands). Most innovatively, by analytically surveying several key provisions (including ISDS, expropriation, MFN, NT, FET, FPS) of 120 International Investment Agreements concluded by China, this work manages to draw an objective assessment of the investment treaty policy and practice of a nation that has quickly become a leading importer and exporter of capital across the globe.
G. Matteo Vaccaro-Incisa, Ph.D. (Geneva & Bocconi, 2014), LL.M. (MIDS, 2009), is Jean Monnet Fellow at the European University Institute (Florence) and of counsel at Carnelutti Law Firm (Milan). His research dwells on the intertwine between public international law, international economic law, and international dispute settlement, with focus on China and Russia.
Contents
Foreword
Acknowledgments
List of Abbreviations
List of Illustrations
Highlights and Styles (Tables 4â7 and 12â16)
Table of Cases
Introduction
1 The Rise of a Trade and Investment Behemoth: The Peopleâs Republic of China
âAâInvestment Agreementsâ History, Policy and the Current Shift towards Southeast Asia: an Outline
âBâChinaâs Policy Evolution towards FDIs and BITs (1949â2015): Outline and Remarks
âCâThe Quasi-Absence of Known Investor-State Disputes with China
âDâThe Peopleâs Republic: What Kind of Economy?
âEâThe Role of State-Owned Enterprises in Chinese Outward FDI
âFâConclusion
2 Chinese IIAs: Treaty Templates and Selected Aspects of Treaty Practice
âAâAdopting the Model BIT: Policy Rationale
âBâStructure of the Chinese Model BIT
âCâPreamble, Application, and Definition of Investment
âDâConclusion
3 Analytical Review of Chinaâs Treaty Practice and Key Protection Standards
âAâDefining the Research Perimeter and the Relevant Comparators
âBâISDS Clauses in Chinese IIAs
âCâThe Expropriation Clause in Chinese IIAs
âDâThe Most-Favored-Nation Clause in Chinese IIAs
âEâThe National Treatment Clause in Chinese IIAs
âFâFair and Equitable Treatment, Full Protection and Security, and Prohibition of Arbitrary or Discriminatory Treatment in Chinese IIAs
âGâConclusion
Conclusion
âChinaâs Model BITs
âChinaâs Investment Treaty Practice
âChina and the Proposal for an International Investment Court
âThe Contribution of This Work
Bibliography
Foreword
Acknowledgments
List of Abbreviations
List of Illustrations
Highlights and Styles (Tables 4â7 and 12â16)
Table of Cases
Introduction
1 The Rise of a Trade and Investment Behemoth: The Peopleâs Republic of China
âAâInvestment Agreementsâ History, Policy and the Current Shift towards Southeast Asia: an Outline
âBâChinaâs Policy Evolution towards FDIs and BITs (1949â2015): Outline and Remarks
âCâThe Quasi-Absence of Known Investor-State Disputes with China
âDâThe Peopleâs Republic: What Kind of Economy?
âEâThe Role of State-Owned Enterprises in Chinese Outward FDI
âFâConclusion
2 Chinese IIAs: Treaty Templates and Selected Aspects of Treaty Practice
âAâAdopting the Model BIT: Policy Rationale
âBâStructure of the Chinese Model BIT
âCâPreamble, Application, and Definition of Investment
âDâConclusion
3 Analytical Review of Chinaâs Treaty Practice and Key Protection Standards
âAâDefining the Research Perimeter and the Relevant Comparators
âBâISDS Clauses in Chinese IIAs
âCâThe Expropriation Clause in Chinese IIAs
âDâThe Most-Favored-Nation Clause in Chinese IIAs
âEâThe National Treatment Clause in Chinese IIAs
âFâFair and Equitable Treatment, Full Protection and Security, and Prohibition of Arbitrary or Discriminatory Treatment in Chinese IIAs
âGâConclusion
Conclusion
âChinaâs Model BITs
âChinaâs Investment Treaty Practice
âChina and the Proposal for an International Investment Court
âThe Contribution of This Work
Bibliography
Academics involved in research in international investment law and dispute settlement, including investor-State dispute settlement reform; practitioners and law firms involved in investment arbitration with China.