Edited by Yuwen Li (Professor, Erasmus University School of Law, Rotterdam), Tong Qi (Professor, Wuhan University Law School) and Cheng Bian (PhD at Erasmus University School of Law, Rotterdam), the book China, the EU and International Investment Law: Reforming Investor-State Dispute Settlement was published in Routledge Press in October 2019.
The book is the final result of a Sino-Dutch Joint Research Project of KNAW, co-chaired by Prof. Yuwen Li, Director of the China Law Center of Erasmus University in Rotterdam, and Professor Tong Qi, Director of the Center for Overseas Investment Law Research of Wuhan University. In October and April 2018, two academic seminars were held around Wuhan and Rotterdam on ISDS reform issues and received wide attention.
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 has a particular focus 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.
Readers with an interest in international investment law can benefit from the broad scope of issues addressed and understand the policy and politics behind the CAI. The rich materials can also assist in understanding the making of new international trade and investment agreements in general, and investment dispute settlement in particular.
Table of Contents:
Opportunities and Challenges Towards a China-EU Comprehensive Agreement on Investment YUWEN LI and CHENG BIAN
Part I: China-EU Comprehensive Agreement on Investment: Core Issues
2.The China-EU Investment Agreement Negotiations: Rationale, Motivations and Contentious Issues AXEL BERGER
3.Convergences and Divergences in the China-EU and the China-US BIT Negotiations HONGYU FU and MENG WAN
4.Elements of Public Policy in the Making of the China-EU Comprehensive Agreement on Investment CHENG BIAN and YUWEN LI
5.Bridging the Gap between Investments and Human Rights Protection: Prospects and Challenges for the China-EU CAI MATTHIEU BURNAY
Part II: Reforming ISDS: Institutional Aspects
6.Judicialization of ISDS: The European Union’s Approach to Multilateral Reform of Investment Dispute Settlement COLIN BROWN and ELIO GAARTHUIS
7.Concrete Issues in Instituting an International Investment Court JUN XIAO
8.Reforming ISDS: A Chinese Perspective HUIPING CHEN
9.China’s Policy on ISDS Reform: Institutional Choice in a Diversified Era TONG QI
10.Investor-State Arbitration: An Economics and Empirical Perspective MICHAEL FAURE and WANLI MA
Part III: Reforming ISDS: Substantive and Procedural Aspects
11.European Perspectives on the Role of National Courts in the Resolution of Investor-State Disputes VID PRISLAN
12.Is (In)Consistency a Problem? - A Close Look at Juridical Techniques in Interpreting Jurisdiction Clauses in Chinese BIT Cases WEI SHEN
13.Transparency of ISDS in the Making of a China-EU CAI: Consensus and Differences MANJIAO CHI
14.The Status of State-Owned Enterprises in ISDS from an EU Perspective ALESSANDRO SPANO
15.The Status of State-Owned Enterprises in ISDS from a Chinese Perspective SHENG ZHANG
16.Protection of Victims in International Investment Dispute Resolution: Juxtaposing Different Topics? MARTIJN SCHELTEMA
17.A Comprehensive Chapter on Anti-Corruption in the China-EU CAI: A Progressive or an Unnecessary Step? YUEMING YAN
Book Link: https://www.routledge.com/China-the-EU-and-International-Investment-Law-Reforming-Investor-State/Li-Qi-Bian/p/book/9780367338466
Price: £ 115.00
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