Modern China and International Economic Law – serie

This book discusses selected frontier and hot theoretical and practical issues of international law in the 21st century and in the process of China's peaceful development strategy, such as interactions between harmonious world, international law and China s peaceful development; close connections of China rule of law with international rule of law; issues of international law resulted from the war of Former Yugoslavia, establishment of ICC, DPRK nuclear test, Iraq War,  Independence of Crimea; features of WTO rule of law and its challenges as well as legal and practical disputes between China and other members in the WTO; recent tendency of regional trade agreements and  characteristics of Chinese practices in this aspect; legal issues in relations between China and the European Union with a view of the framework of China–EU Comprehensive Strategic Partnership.

This book provides updated, full-picture analysis of the laws and practices of cross-border debt finance in the PRC. It is featured by the first-handed experiences of the author’s academic research and legal practice in this field over two decades. The author discusses legal and regulatory issues, transaction structures and documentation in relation to two debt finance products: loan and bond, covering the inbound structure (Chinese debtors’ raising funds from the international market) and the outbound structure (Chinese creditors’ supplying funds to the international market). For cross-border loans, this book thoroughly illustrates the foreign debt regulatory regime in the PRC and approaches the lending by Chinese banks to support exports and overseas investments under the “Belt and Road Initiative” (BRI). For cross-border bonds, it discusses how Chinese issuers, by designing various transaction structures, enter into the international bond market, and then researches the “opening-up” of Chinese bond market to both international issuers (for issuing “Panda Bonds”) and investors (for purchasing Chinese bonds). This book is used as an authoritative source for not only students and researchers, but also bankers and legal practitioners, who are interested in the Chinese debt finance market.

This book provides updated, full-picture analysis of the laws and practices of cross-border debt finance in the PRC. It is featured by the first-handed experiences of the author’s academic research and legal practice in this field over two decades. The author discusses legal and regulatory issues, transaction structures and documentation in relation to two debt finance products: loan and bond, covering the inbound structure (Chinese debtors’ raising funds from the international market) and the outbound structure (Chinese creditors’ supplying funds to the international market). For cross-border loans, this book thoroughly illustrates the foreign debt regulatory regime in the PRC and approaches the lending by Chinese banks to support exports and overseas investments under the “Belt and Road Initiative” (BRI). For cross-border bonds, it discusses how Chinese issuers, by designing various transaction structures, enter into the international bond market, and then researches the “opening-up” of Chinese bond market to both international issuers (for issuing “Panda Bonds”) and investors (for purchasing Chinese bonds). This book is used as an authoritative source for not only students and researchers, but also bankers and legal practitioners, who are interested in the Chinese debt finance market.

This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.

This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.

The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.

The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.

This book is the final study report of the key project of the National Social Science Foundation of China, “China and the Reconstruction and Innovation of International Rules in the New Era of Global Value Chain”. On the basis of a comprehensive analysis of the complex situation of international rule reconstruction and innovation in the new era of the global value chain, this book makes an in-depth and systematic analysis on six types of international rules, namely official export credit rules, international competition rules, cross-border e-commerce and digital trade rules, ISDS, multilateral agreement on investment and international regulatory cooperation. It also introduces the theories and practices of China's engagement in the new round of reconstruction and innovation of international rules.

This book is the final study report of the key project of the National Social Science Foundation of China, “China and the Reconstruction and Innovation of International Rules in the New Era of Global Value Chain”. On the basis of a comprehensive analysis of the complex situation of international rule reconstruction and innovation in the new era of the global value chain, this book makes an in-depth and systematic analysis on six types of international rules, namely official export credit rules, international competition rules, cross-border e-commerce and digital trade rules, ISDS, multilateral agreement on investment and international regulatory cooperation. It also introduces the theories and practices of China's engagement in the new round of reconstruction and innovation of international rules.

This book offers a structured exploration of China’s commercial arbitration system, beginning with its procedural foundations and jurisdictional framework, followed by an emphasis on due process, arbitrator skills, and the critical importance of upholding valid arbitration agreements. It delves into legal complexities surrounding the application of domestic law, international conventions like the CISG, and the integration of mediation in dispute resolution, while concluding with ethical standards for arbitrators to ensure fairness and credibility. Bridging procedural rigor, practical insights, and ethical imperatives, the work serves as a comprehensive guide for navigating China’s arbitration landscape, balancing academic analysis with actionable guidance for practitioners.

This book is an original interdisciplinary study of international environmental law, international investment law, and international politics. It aims to fill this gap in the academic literature with an examination of the application of China’s state-centric CSR approach overseas (Africa). It contributes an innovative analysis of how China's SOEs and financial institutions pursue sustainable investment in Africa amid the latest reforms in the international investment regime, and it helps the international community understand the environmental and social impacts of China's investment on the continent.

This book provides a comprehensive and systematic overview of the provisional measures regime in investor-State arbitration, from the legal basis of provisional measures in investor-State arbitration to the purpose of provisional measures, from the categories of provisional measures to provisional measures suspending parallel proceedings, and from the authority of investor-State arbitral tribunals to grant provisional measures to the requirements for granting provisional measures and to the compliance with provisional measures. The system of provisional measures in investor-State arbitration can be divided into ICSID arbitration and non-ICSID arbitration, and comparison and anatomy can be conducted within the system. In addition, it is interesting to see how these issues are dealt with in the interim measures taken by the ICJ. In view of this, this book intends to compare the provisional measures in the ICSID arbitration and non-ICSID arbitration within the investor-State arbitration system, and compare the provisional measures in the investor-State arbitration with the interim measures in the ICJ, so as to anatomize the system of provisional measures and provide some guidance for the international lawyers in their future arbitral (judicial) practice.

This book covers China’s practice in the past 20 years in four areas: China’s practice in investment treaty conclusion, China’s practice in the development of investment treaty, China’s practice in the investment dispute settlement, and China’s Belt and Road Initiative and international investment law.Being a major capital-import and export country, China has rich experience in international investment law including treaty conclusion and ISDS practice. China is also active in participating the currently undergoing ISDS reform. China’s Belt and Road Initiative has implications for the development of international investment law. This book is good for graduates, researchers, governmental officials, and practitioners in investment law area.

This book thoroughly reviews China’s participation in the WTO dispute settlement system with a focus on the interaction between China’s distinctive institutional characters and international legal regime and an aim of not only revealing the Chinese phenomenon but also identifying the Chinese mode and the rationale that lies behind China’s mode change. It further analyzes two fundamental issues China is confronted with. One is the distinctive member status issue of China due to the concurrence of its multiple member status as member state, accessing member state and developing member state. The other is the issue of invoking and applying the special rules of The Protocol on the Accession of China in the WTO dispute settlement. In-depth examination of assorted cases that involve China and representative individual cases thereof, is also provided. Upon the insight into Chinese phenomenon and Chinese issues in the WTO dispute settlement, the book tries to respond to the imminentneed of reforming the WTO dispute settlement regime by providing directions that accord with the regular pattern of evolution of international economic law system and pragmatic suggestions that stem from China’s strategic position.This book serves for academics, policymakers, and business practitioners by providing useful insights into the legal, regulatory, and economic issues raised by distinctive character of China in WTO dispute settlement.

This book thoroughly reviews China’s participation in the WTO dispute settlement system with a focus on the interaction between China’s distinctive institutional characters and international legal regime and an aim of not only revealing the Chinese phenomenon but also identifying the Chinese mode and the rationale that lies behind China’s mode change. It further analyzes two fundamental issues China is confronted with. One is the distinctive member status issue of China due to the concurrence of its multiple member status as member state, accessing member state and developing member state. The other is the issue of invoking and applying the special rules of The Protocol on the Accession of China in the WTO dispute settlement. In-depth examination of assorted cases that involve China and representative individual cases thereof, is also provided. Upon the insight into Chinese phenomenon and Chinese issues in the WTO dispute settlement, the book tries to respond to the imminentneed of reforming the WTO dispute settlement regime by providing directions that accord with the regular pattern of evolution of international economic law system and pragmatic suggestions that stem from China’s strategic position.This book serves for academics, policymakers, and business practitioners by providing useful insights into the legal, regulatory, and economic issues raised by distinctive character of China in WTO dispute settlement.

This book reflects the latest legal development of the Asian Infrastructure Investment Bank (AIIB), and makes direct and positive responses—it uses first-hand, authoritative information and makes insightful and persuasive analyses in addressing those concerns.In particular, this book provides nuanced analysis of the following topics:— capital allocation of the AIIB, in comparison with those of Bretton Woods institutions;— dynamic relationship between the shareholder board and management, a central topic of corporate governance for the AIIB and other MDBs;— AIIB’s environmental and social safeguards, including its frontier ESG portfolio investments, in comparison with the World Bank standards;— highly debatable issues relating to the interaction between AIIB, Belt and Road, and MCDF;— comparative study of state-owned enterprises in the laws of AIIB, WTO, ICSID, etc..This book targets academics, students, policymakers, and businesscircles who are interested in AIIB, given the bank’s growing importance in the context of global economic governance reforms. First, the book is a must for those who are keen to gain insight into the AIIB. Ten years have passed since the debut of the idea of AIIB in 2013, and the topic has never retreated from the debate of the international community—a major concern is whether a China-led multilateral development bank (MDB) remains to be politically neutral, or professional, and can live up to high standards.

This book reflects the latest legal development of the Asian Infrastructure Investment Bank (AIIB), and makes direct and positive responses—it uses first-hand, authoritative information and makes insightful and persuasive analyses in addressing those concerns.In particular, this book provides nuanced analysis of the following topics:— capital allocation of the AIIB, in comparison with those of Bretton Woods institutions;— dynamic relationship between the shareholder board and management, a central topic of corporate governance for the AIIB and other MDBs;— AIIB’s environmental and social safeguards, including its frontier ESG portfolio investments, in comparison with the World Bank standards;— highly debatable issues relating to the interaction between AIIB, Belt and Road, and MCDF;— comparative study of state-owned enterprises in the laws of AIIB, WTO, ICSID, etc..This book targets academics, students, policymakers, and businesscircles who are interested in AIIB, given the bank’s growing importance in the context of global economic governance reforms. First, the book is a must for those who are keen to gain insight into the AIIB. Ten years have passed since the debut of the idea of AIIB in 2013, and the topic has never retreated from the debate of the international community—a major concern is whether a China-led multilateral development bank (MDB) remains to be politically neutral, or professional, and can live up to high standards.

The book is a tour de force by a world renowned legal expert and senior diplomat. Its main feature is a well-balanced integration of diplomatic thinking and legal analysis, based on the 70-year diplomatic theory and practice in China. Rich in content and thought provoking, it systematically discusses the international law issues faced by China in the development of major country diplomacy with Chinese characteristics. The author creatively develops the concepts of Blue Diplomacy to refer to global ocean governance, Green Diplomacy to deal with climate change, Red Diplomacy to cope with anti-corruption, Digital Diplomacy for cyberspace governance, each with amplified amount of cases and materials. The author also deliberates the “one country, two systems” policy and the building of “community with shared future of mankind”.  The book helps the readers to better understand the fundamental principles and policies of China's diplomacy.  For students, it is a key that opensup the door to international law studies; for researchers, it is a rich mine of international legal issues; for diplomats, it is a valuable guidance to master the art and science of legal diplomacy.

The book is a tour de force by a world renowned legal expert and senior diplomat. Its main feature is a well-balanced integration of diplomatic thinking and legal analysis, based on the 70-year diplomatic theory and practice in China. Rich in content and thought provoking, it systematically discusses the international law issues faced by China in the development of major country diplomacy with Chinese characteristics. The author creatively develops the concepts of Blue Diplomacy to refer to global ocean governance, Green Diplomacy to deal with climate change, Red Diplomacy to cope with anti-corruption, Digital Diplomacy for cyberspace governance, each with amplified amount of cases and materials. The author also deliberates the “one country, two systems” policy and the building of “community with shared future of mankind”.  The book helps the readers to better understand the fundamental principles and policies of China's diplomacy.  For students, it is a key that opensup the door to international law studies; for researchers, it is a rich mine of international legal issues; for diplomats, it is a valuable guidance to master the art and science of legal diplomacy.

This book focuses on an article-by-article interpretation of the Foreign Investment Law of the People's Republic of China, which was adopted on March 15, 2019. It also describes the legislative process of the law and the relationship between the law and other laws and regulations. It also includes a comparison of China's new foreign investment law with representative foreign investment regimes and the interaction between China and evolving international investment rules and the law, with a focus on the impact of evolving international investment rules on the development of China's foreign investment regime.In recent years, the momentum of globalization has continued to grow, and a pattern of economic governance with valorization, regionalization, and benefit sharing has gradually emerged. Amid the emergence of new international investment rules, the Foreign Investment Law of the People's Republic of China, adopted on March 15, 2019, has significantly changed the face of China'sforeign investment regime. Given that China is a major destination for global foreign direct investment flows, its foreign investment regime is a focus of attention for international investors and international lawyers. This book aims to provide a practical legal guide for students of Chinese law, especially Chinese business law, practitioners, and their clients interested in the Chinese market, and observers of international investment law and national investment law practice.

This book focuses on an article-by-article interpretation of the Foreign Investment Law of the People's Republic of China, which was adopted on March 15, 2019. It also describes the legislative process of the law and the relationship between the law and other laws and regulations. It also includes a comparison of China's new foreign investment law with representative foreign investment regimes and the interaction between China and evolving international investment rules and the law, with a focus on the impact of evolving international investment rules on the development of China's foreign investment regime.In recent years, the momentum of globalization has continued to grow, and a pattern of economic governance with valorization, regionalization, and benefit sharing has gradually emerged. Amid the emergence of new international investment rules, the Foreign Investment Law of the People's Republic of China, adopted on March 15, 2019, has significantly changed the face of China'sforeign investment regime. Given that China is a major destination for global foreign direct investment flows, its foreign investment regime is a focus of attention for international investors and international lawyers. This book aims to provide a practical legal guide for students of Chinese law, especially Chinese business law, practitioners, and their clients interested in the Chinese market, and observers of international investment law and national investment law practice.

This book focuses on the real themes in various areas of international economic law and explores the key elements behind the written rules. The advantage of this approach is that these themes or elements apply to all types of countries, whether developed or developing, whether market-based or not, and to trade, investment, or other transactions.This book reflects the author's thoughts and views on international economic law and its application based on his experience advising government departments and entities, particularly insights into the U.S.-China trade war from the perspective of a Chinese scholar. This feature makes the book very different from other books published before the U.S.-China trade war or textbooks that simply introduce the relevant subjects and provokes readers to think deeply about the relevant issues.

This book focuses on the real themes in various areas of international economic law and explores the key elements behind the written rules. The advantage of this approach is that these themes or elements apply to all types of countries, whether developed or developing, whether market-based or not, and to trade, investment, or other transactions.This book reflects the author's thoughts and views on international economic law and its application based on his experience advising government departments and entities, particularly insights into the U.S.-China trade war from the perspective of a Chinese scholar. This feature makes the book very different from other books published before the U.S.-China trade war or textbooks that simply introduce the relevant subjects and provokes readers to think deeply about the relevant issues.

This book serves as a comprehensive study of and provides rich insight into non-market economy treatment, including its past, present, and estimated future practices and implications. It explores the introduction of the market and non-market economy dichotomy into international trade law. It traces the origin and development of non-market economy treatment against changing international economic and political background. The book examines this treatment in light of the rationale underlying anti-dumping, reflecting its alleged significance of ensuring fair trade. It in particular investigates the varied non-market economy treatment practices responding concerns of China’s rising as a large state-led economy, analyzing the deviation of NME treatment into an all-in trade tool. The book argues against preconceived bias and unilateral protectionism. It highlights the universal existence of government involvement in the market and proposes objective assessment of its impact on fair trade.Final proposition of the book is depoliticizing trade, reforming comprehensively international trade rules to carefully calibrate different values, including promoting fairness and enhancing global social welfare. It envisages a multi-dimension overhaul of international trade rules to rebalance trade interests, rather than roughly labeling an economy to confer different treatment, the practices of which lead to separation and chaos. The book is of particular relevance and interest to economies-in-transition, and among policy makers, academicians and legal practitioners engaged in trade remedies and trade rules reconstruction.

This book serves as a comprehensive study of and provides rich insight into non-market economy treatment, including its past, present, and estimated future practices and implications. It explores the introduction of the market and non-market economy dichotomy into international trade law. It traces the origin and development of non-market economy treatment against changing international economic and political background. The book examines this treatment in light of the rationale underlying anti-dumping, reflecting its alleged significance of ensuring fair trade. It in particular investigates the varied non-market economy treatment practices responding concerns of China’s rising as a large state-led economy, analyzing the deviation of NME treatment into an all-in trade tool. The book argues against preconceived bias and unilateral protectionism. It highlights the universal existence of government involvement in the market and proposes objective assessment of its impact on fair trade.Final proposition of the book is depoliticizing trade, reforming comprehensively international trade rules to carefully calibrate different values, including promoting fairness and enhancing global social welfare. It envisages a multi-dimension overhaul of international trade rules to rebalance trade interests, rather than roughly labeling an economy to confer different treatment, the practices of which lead to separation and chaos. The book is of particular relevance and interest to economies-in-transition, and among policy makers, academicians and legal practitioners engaged in trade remedies and trade rules reconstruction.

This book gives practical and in-depth presentation and analysis of the issues under China export control law and economic sanctions regime. This book not only addresses issues faced by the legal entities in China, but also attends to the concerns about Chinese extra-territorial jurisdiction of China export control law and sanctions legislations, on the part of foreign companies. Finally, the author shares his experiences on how to structure export control and sanctions compliance under Chinese law on the part of both Chinese and foreign companies.

This book gives practical and in-depth presentation and analysis of the issues under China export control law and economic sanctions regime. This book not only addresses issues faced by the legal entities in China, but also attends to the concerns about Chinese extra-territorial jurisdiction of China export control law and sanctions legislations, on the part of foreign companies. Finally, the author shares his experiences on how to structure export control and sanctions compliance under Chinese law on the part of both Chinese and foreign companies.

This book analyzes the concept, theory, rules, and impact of the reform of the international monetary system and Crypto-SDRs and provides a feasibility analysis of the combination of blockchain technology and SDRs. It explores and summarizes the possibility of solving problems such as the inherent defects of the current international monetary system and creatively suggests that the birth of Crypto-SDR will have a positive impact on countries and industries and fields around the world, especially in anti-money laundering, cross-border asset recovery, international payments, banking, insurance, financial auditing, Fintech regulation, etc.