China’s Foreign Investment Legal Regime

Yawen Zheng, Ph.D (2021), University of Edinburgh, is a postdoctoral fellow of investment law and policy at the Centre for International Law, National University of Singapore. Her work has appeared in journals including the Journal of World Investment and Trade.

• Preface and AcknowledgementsList of Figures and TablesList of Legislation, Normative Documents, Treaties and Non-binding DocumentsChinese Legislation and Normative DocumentsChinese Laws and Amendments Passed by the National People’s CongressAdministrative Regulations and Normative Documents Passed by the State CouncilRules and Normative Documents Passed by Organs of the State CouncilLocal Regulations and other Normative DocumentsChina’s Investment Treaties and Treaties with Investment ProvisionsOther China’s Agreements and TreatiesOther Legislation and Institution Rules, Non-binding Documents,Conventions and TreatiesList of CasesAbbreviation and Acronyms1 China’s Two-Way Investments and Its Development Goals1China’s Development Goals Relating to Its Foreign Investments1.1 Building Technological Capacity1.2 Deepening Integration into the Global Economy1.3 Promotion of Green Development1.4 Protection of Security1.5 Participation in Global Economic Governance and Rule-Making1.6 Requirements of the Development Goals for China’s Foreign Investment Legal Regime2Historical Development of China’s Inward Foreign Investments3Historical Development of China’s Outward Foreign Investments2 China’s Domestic Law Governing Inbound Foreign Direct Investment1Historical Development of China’s Domestic Foreign Investment Legal Regime1.1 Historical Evolution of the Laws Governing the Three Major Types of FIE s1.2 The Change of Guideline Catalogues of Foreign Investment Industries and Project Approval Procedures1.3 The Incremental Establishment of the National Security Review Mechanism2The Recent Reform of China’s Foreign Investment Legal Regime2.1 Positive Steps towards China’s Development Goals2.2 False Steps towards China’s Development Goals3Conclusion3 China’s Domestic Law Governing Outbound Foreign Direct Investment1Historical Development of China’s Domestic Legal Regime Governing ODI s before “Going-out”2Ex ante and ex post Supervision of China’s ODI s2.1 Ex ante Supervision of Overseas Investment Projects2.2Ex ante Supervision of Overseas Enterprises2.3Ex post Supervision of ODIs3Promotion of China’s ODI s4Protection of China’s ODI s4.1 Service Provided by the Authorities4.2 Investment Insurance5Possibility of Establishing China’s Investment Court6Conclusion4 China’s Investment Treaties and Treaties with Investment Provisions1Treaty Contents That Directly Incorporate China’s Development Goals1.1 Preamble1.2 Investment Promotion Clause1.3 Not Lowering of Standard Clause1.4 General Exception Clauses1.5 Criteria to Determine Indirect Expropriation2Provisions That Can Be Designed to Suit the Need of China’s Development Goals2.1 Definition of Investment2.2 NT Clause2.3 MFN Treatment2.4 FET Clause2.5 Obligation of FPS3The Approaches of Treaty Implementation3.1 Institutional Arrangements for Implementation3.2 Investor-State Arbitration4Dealing with China’s Existing Treaties That Fail to Meet theRequirements of the Development Goals5Conclusion5 The “Belt and Road” Initiative and China’s Development Goals1BRI and Building Technological Capacity2BRI and Promoting Green Development3BRI and Participating in Global Economic Governance and Rule-Making4BRI and Investment Promotion5Challenges of Implementing the BRI6Proposal of Making a Comprehensive BRI Investment Treaty6.1 Necessity and Approach of Making a BRI Investment Treaty6.2 Essential Contents of the BRI Investment Treaty7ConclusionConcluding RemarksBibliographyBooksBook ChaptersJournal ArticlesOnline ArticlesOfficial Documents, Reports and SpeechesNews MediaWeb PagesIndex