Full Description
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.
Contents
1. Introduction: 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
