China's Treaty Policy and Practice in International Investment Law and Arbitration

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.

• ContentsForewordAcknowledgmentsList of AbbreviationsList of IllustrationsHighlights and Styles (Tables 4–7 and 12–16)Table of CasesIntroduction1 The Rise of a Trade and Investment Behemoth: The People’s Republic of ChinaA Investment Agreements’ History, Policy and the Current Shift towards Southeast Asia: an OutlineB China’s Policy Evolution towards FDIs and BITs (1949–2015): Outline and RemarksC The Quasi-Absence of Known Investor-State Disputes with ChinaD The People’s Republic: What Kind of Economy?E The Role of State-Owned Enterprises in Chinese Outward FDIF Conclusion2 Chinese IIAs: Treaty Templates and Selected Aspects of Treaty PracticeA Adopting the Model BIT: Policy RationaleB Structure of the Chinese Model BITC Preamble, Application, and Definition of InvestmentD Conclusion3 Analytical Review of China’s Treaty Practice and Key Protection StandardsA Defining the Research Perimeter and the Relevant ComparatorsB ISDS Clauses in Chinese IIAsC The Expropriation Clause in Chinese IIAsD The Most-Favored-Nation Clause in Chinese IIAsE The National Treatment Clause in Chinese IIAsF Fair and Equitable Treatment, Full Protection and Security, and Prohibition of Arbitrary or Discriminatory Treatment in Chinese IIAsG ConclusionConclusionChina’s Model BITsChina’s Investment Treaty PracticeChina and the Proposal for an International Investment CourtThe Contribution of This WorkBibliography