This book analyzes China's new foreign investment law which came into force in January 2020. The new law implemented sweeping changes and overhauled China’s foreign investment law regime of the last four decades. The foreign investment law aims to make the business environment more investor-friendly and address some of the contentious issues between US and China in the ongoing trade war. The book explains how the law enhances regulatory transparency. It also outlines the new approval process, that is the pre-establishment negative list system which has replaced the former approval system for foreign investment projects. The book also analyzes China's series of anti-sanction laws. This book will help give readers a better understanding of major changes and benefits under the new law and will be the first of its kind looking at the implications of this important law.

This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy. The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.

This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.

The phrase ‘New Normal’ captures the ongoing shift in the pattern and drivers of China’s economic growth. China’s new growth rate is both slower and imposing difficult structural change. These new economic conditions are challenging yet offer opportunities for China and its economic partners. Reforms must be deepened but also make growth more inclusive and environmentally sustainable, over this decade and beyond. This year’s Update offers both global context and domestic insight into this challenging new phase of China’s domestic economic transformation. How are policymakers elevating migrant workers concurrent with increasing consumption? Is China’s government spending enough on education and R&D to ensure it can achieve its aspirations to ascend the global manufacturing value chain and avoid the middle-income trap? Are energy market reforms reducing or increasing the price of gas and electricity in China? What are the consequences of China’s financial reforms and expanding Renminbi trading for foreign banks? What does China’s new growth model mean for the international resources economy and for Africa? Do SOEs face market conditions and are they dominating China’s fast-rising outbound investment? What is China’s strategy for navigating fragmented international trade policy negotiations?

This book examines the recent development and prospect of the Chinese economy as the country adapts to changing domestic and external settings. After more than three decades of near double-digit annual expansion, the country's growth decelerated considerably to enter a new era of the so-called New Normal.At the macro level, considerable amount of overhaul is required to improve governance and enhance regulatory effectiveness. These include monetary policy adjustment, financial sector development and taxation reforms.As the Chinese government at both the central and local levels plays an important role in promoting growth, issues such as the role of local government and the reform of state-owned enterprises are examined in this book. Topics such as the development of private consumption and industrial upgrading are also assessed. The book discusses several matters considered important to China's social and economic cohesion including the management of agricultural product reserves, the development of a functioning social security system and regional development. To help project a long-term view of China's economic strength, the book also examines such factors as development in population and the labour market.This book provides a comprehensive analysis of China's economy and identifies the recent developments that matter to China's economic future.

This handbook provides a comprehensive road map to China's engagement with international law and an upgraded bridge between Chinese and Western approaches in times of turmoil. Written by a leading group of Chinese and Western specialists, it examines how China is assimilating into, and putting its stamp on, the global legal order. It offers updated analyses of China's relationship with international institutions, human rights law, international trade law, the law of the sea, the laws of peace and war, international criminal law, global health law, international investment law, international environmental law, climate change, international terrorism law, outer-space law, intellectual property law, cyber-space warfare, international financial law, international dispute settlement, territorial disputes, the Belt and Road Initiative, the Community of Shared Future for Mankind, China's constitutional law, the judicial application of international law, state immunity, the international rule of law, China's treaty practices and the extraterritorial application of Chinese laws.

Comprehensively investigate key characteristics, evolutionary path, driving forces, interpreting methodologies, and some missing puzzles of Chinese BITs.

Reform and governance are of vital interest to both the People’s Republic of China and the European Union (EU). China is facing demographic and environmental challenges and has been experiencing a rapid economic transition. The social tensions arising from these challenges call for a governance system that will allow the Chinese leadership to alleviate social tensions without putting at risk their leadership. A society which is becoming more diverse and facing problems of a global scale that also cause turmoil at the grass roots may be difficult to govern top-down. Notwithstanding the Communist Party of China’s (CPC) grip on Chinese society, there may be ways to integrate public opinion and civil society organisations in governmental decision-making through reforms that do not challenge the current leadership. The EU, on the other hand, faces the same global challenges with a very different and complex governance system. EU foreign and security policy, thus including EU policy towards China, are governed by the EU’s foreign policy principles, which contain, among others, the promotion of democracy, the rule of law and the universality and indivisibility of human rights and fundamental freedoms. How successful can the EU be in advancing these principles when engaging with China, while respecting the Chinese political system? How can the EU and China find common grounds in their governance systems so as to enhance their strategic partnership in order to tackle global issues that need a coordinated approach?

Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.

" The world economy was still reeling from the Global Financial Crisis of 2008 when the COVID-19 pandemic struck like a bolt of lightning in late 2019. Whatever remained of the neoliberal credo - based on the salience of free markets - was upended, and economic nationalism fast became the new stock ideology. In Negotiating the New Normal, Saurav Jha carefully examines why, in the wake of the coronavirus shock, strong economic recovery in the developed world is more doubtful than ever. Instead of throwing its weight behind a multipolar world order, China, by far the largest economy among the BRICS nations, has chosen to create a Pax Sinica. However, it is unlikely to make much headway owing to both internal economic contradictions and pushback from the West and beyond. And what of India? Can it become a 'new China' to serve as a key engine of global growth, overcoming the pandemic-induced setback, as well as earlier policy missteps like demonetization? Answering all these questions and raising many more, Jha's deeply researched and cogently argued account examines the 'new normal' of a transactional, even predatory geoeconomic climate where central banks are fast running out of answers and heavily indebted governments are desperately searching for silver bullets. This work of extraordinary depth and ambition, tracing the destinies of the major economic centres of the world, provides a nuanced if sobering context to the reader as it suggests what India must do to rise in this grave new pandemic-ridden world. "