China-European Union Investment Relationships

Edited by Julien Chaisse, Professor, School of Law, City University of Hong Kong and Chairman, Asia Pacific FDI Forum, Hong Kong SAR

'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

• Contents:1. Toward A Comprehensive EU-China Investment AgreementJulien ChaissePart I Drivers and Issues of China-EU Investment Relationships 2. Negotiating an Uncertain World: Economic and Political Dimensions of the Comprehensive Agreement on InvestmentDuncan Freeman3. The Competence to Conclude the EU’s New Generation of Free Trade Agreements: Lessons From Opinion 2/15Eleftheria Neframi4. EU-China Economic Relations: Interactions and BarriersPascal Kerneis 5. The Potential Role of Sustainability Impact Assessment in the EU-China BIT NegotiationsFernando Dias SimõesPart II China-EU: Towards Innovation in Rule-Making?6. FTZS, Catnthey Initiative A New Round Of Reforms In China?Jiaxiang Hu7. Refining the Expropriation Clause: What Role for Proportionality?Catharine Titi8. Investor nationality and the definition of investment: Policy options to limit the practice of “treaty shopping”Jorun Baumgartner9. Emerging Regulatory Issues for Financial Services in the New Generation of FTAsFederico Lupo-Pasini10. OBOR in the Context of China-EU FDI and China’s Evolving Economic DiplomacyDonald J. Lewis11. Investment Related Provision of EVFTA: Implications for Vietnam’s Policy ReformsNguyen Binh Duong12. Toward An EU-Taiwan Bilateral Investment Treaty: A RoadmapChien-Huei WuPart III From Investor-State Arbitration to a Permanent Investment Court?13. How Much of a Court? The EU Investment Court System as a Hybrid MechanismJoanna Jemielniak14. The Inclusion of Investment Court System into the EU-China CAI: Innovations, Prospects and ProblemsChi-Chung Kao15. The Appellate Option: Promises and PitfallsMatthew Hodgson and Vee Vian ThienIndex