Book contents
- Decoding Chinese Bilateral Investment Treaties
- Decoding Chinese Bilateral Investment Treaties
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- Abbreviations
- 1 Current Landscape and Puzzling Issues
- 2 China’s Foreign Investment Law in the Past Four Decades
- 3 Substantive Protection Provisions in Chinese BITs
- 4 Nondiscriminatory Standards in China’s BITs
- 5 Expropriation in Local and Global Contexts
- 6 How Are Chinese BITs Interpreted? Jurisprudential Review of Treaty Interpretative Tools in Chinese BIT-based Arbitration Cases
- 7 Parallel Proceedings under Chinese BITs
- 8 Transitional Clauses in Transition and the Black Hole in Chinese BIT Law
- 9 Evolutionary Path of China’s BIT Law in the Return of the State Paradigm: A Statistical and Textual Approach
- 10 Who Makes Chinese BITs? An Empirical Investigation
- 11 By Way of Conclusion: Chinese BIT Law and Practice in the Jungle
- Bibliography
- Index
2 - China’s Foreign Investment Law in the Past Four Decades
Published online by Cambridge University Press: 17 August 2021
- Decoding Chinese Bilateral Investment Treaties
- Decoding Chinese Bilateral Investment Treaties
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- Abbreviations
- 1 Current Landscape and Puzzling Issues
- 2 China’s Foreign Investment Law in the Past Four Decades
- 3 Substantive Protection Provisions in Chinese BITs
- 4 Nondiscriminatory Standards in China’s BITs
- 5 Expropriation in Local and Global Contexts
- 6 How Are Chinese BITs Interpreted? Jurisprudential Review of Treaty Interpretative Tools in Chinese BIT-based Arbitration Cases
- 7 Parallel Proceedings under Chinese BITs
- 8 Transitional Clauses in Transition and the Black Hole in Chinese BIT Law
- 9 Evolutionary Path of China’s BIT Law in the Return of the State Paradigm: A Statistical and Textual Approach
- 10 Who Makes Chinese BITs? An Empirical Investigation
- 11 By Way of Conclusion: Chinese BIT Law and Practice in the Jungle
- Bibliography
- Index
Summary
This chapter offers a landscape of China’s foreign investment law – its evolution in the past four decades, the key distinctive features of the foreign direct investment (FDI) regime, the recent developments of foreign investment law (FIL). The chapter lays down a foundation from which to comprehend China’s BIT regime, which initially was put in place to attract FDI and boost economic growth and was later to provide better investor protection to China’s outbound investment. The evolution of Chinese FIL demonstrates the gradual developments of the Chinese legal system and regulatory framework, and, more importantly, the changing role and function of the government in this process. There appears to be a gap between legal systems and governmental functions among China, Western countries and other developing or emerging economies. This gap explains the difficulty in converging the BIT laws. But the evolutionary path is also clear in the sense that both the legal system and the regulatory structure are more liberalized, market-oriented and investor-friendly than they used to be.
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- Decoding Chinese Bilateral Investment Treaties , pp. 21 - 49Publisher: Cambridge University PressPrint publication year: 2021