Wenhua Shan

China and International Investment Law: Twenty Years of Icsid Membership Wenhua Shan

Marc Notes: Includes bibliographical references and index.; This volume examines cutting-edge issues of international investment law and arbitration in interaction with China, the world's second-largest economy. Biographical Note: Editor Wenhua Shan, Ph. D., Trinity College, Cambridge, is the Ministry of Education Yangtze River Chair Professor of International Economic Law and the founding Dean of Xi'an Jiaotong University School of Law, Senior Fellow of Lauterpacht Centre for International Law, University of Cambridge and the founding Editor-in-Chief of The Chinese Journal of Comparative Law. He has published monographs and articles in such journals as the AJCL and EJIL. Assistant Editor Jinyuan Su, Ph. D., Xi'an Jiaotong University, is Associate Professor and Assistant Dean at Xi'an Jiaotong University School of Law. He has published one book and many articles on international and comparative law. Table of Contents: Part I: Overarching Issues in International Investment Law Chapter 1. ICSID and International Investment Treaty Arbitration: Progress and Prospects Meg Kinnear 1. Treaty Design 2. Dispute Avoidance 3. Application of Substantive Obligations 4. Procedure 5. Conclusion Chapter 2. The Past, Present and Future of the International Law on Foreign Investment M Sornarajah 1. The Past 2. The Present 3. The Future Chapter 3. Judicial Administration of Justice in Multilevel Commercial, Trade and Investment Adjudication? Ernst-Ulrich Petersmann 1. Introduction and Methodological Premises 2. Constitutional Justice Protecting Human Rights: The European Kadi - and Solange Jurisprudence 3. From Westphalian Justice in the ICJ and the WTO to Multilevel Cosmopolitan Adjudication in HRL and IEL 4. Lack of Cosmopolitan Justice in WTO Jurisprudence? Need for Taking the Customary Rules of Treaty Interpretation More Seriously 5. Does HRL Require Protecting WTO Law and Dispute Settlement as Cosmopolitan Legal Systems? 6. Multilevel Judicial Protection of Cosmopolitan Justice in Commercial and Investment Adjudication 7. Conclusions: HRL Justifies Constitutional and Cosmopolitan Approaches to IEL and Adjudication Chapter 4. The Development by States of Model Bilateral Investment Treaties Chester Brown 1. Introduction 2. Introduction to BITs 3. Historical Predecessors to the BIT 4. Emergence of the (Model) Bilateral Investment Treaty 5. Concluding Remarks Chapter 5. Protection of the Investor s Legitimate Expectations: Intersection of a treaty obligation and a general principle of law HAMAMOTO Shotaro 1. Introduction 2. Tour d horizon of Arbitral Jurisprudence 2.1 Origin 3. Legal Basis: A General Principle of Law 4. Conclusion Part II: Chinese Investment Treaties: Key Aspects Chapter 6. Factors to be Considered for China s Future Investment Treaties Yongjie Li 1. Introduction 2. China s BIT Practice 3. Global Context 4. China s Domestic Context 5. Improvement of Investor-State Dispute Settlement 6. Conclusion Chapter 7. China s BIT s and Arbitration Practice: Progress and Problems Norah Gallagher 1. Introduction 2. China s changing position on Investment Treaties 3. China's Free Trade Agreement Policy 4. Interesting Developments since China signed the ICSID Convention 5. China s Investment Treaty Arbitration cases 6. Conclusion Chapter 8. China and International Investment Law: An Evolving Relationship Martin Endicott 1. The Evolving Relationship 2. Promotion of Inward FDI 3. Driving Factors Behind China s Investment Treaty Program 4. Concluding Comments Chapter 9. The Chinese Investment Treaty Programme, Jurisdictional Challenges and Investment Planning: The Example of Chinese Outbound Investments in the Natural Resources Sector Nils Eliasson 1. Introduction 2. Chinese outbound natural resources investments 3. Investment treaty protection of Chinese natural resources investments 4. To what extent is investment protection strategies employed by Chinese companies investing in the natural resources sector 5. Discussion Part III: Chinese Investment Treaties: Key Negotiations Chapter 10. The Chinese Investment Regime and the US-China BIT Negotiations Eric Pekar 1. Introduction 2. The Evolution of China s Investment Treaty Regime 3. BITs and the Chinese Legal System 4. US Domestic Politics, National Security, and BITs 5. Negotiating the U. S.-China BIT 6. Conclusion: Why Negotiate a BIT? Chapter 11. The Evolution of EU Investment Law and Future of EU-China Investment Relations Marc Bungenberg and Catharine Titi 1. The status quo of investment policymaking in the EU before and after the entry-into-force of the Treaty of Lisbon 2. History of Chinese international investment law policy and practice 3. A prospective EU-China IIA 4. China-EU developments in a broader context 5. Conclusion Chapter 12. Instituting Investment Claims under the Trans-Pacific Partnership Agreement Leon E Trakman 1. Sources of an Investment Chapter 2. Key Definitions 3. Standards of Treatment 4. Modelling Dispute Management under the TPPA 5. Australia's Objection to Investor-State Arbitraion 6. Conclusion Chapter 13. Joint Interpretations under a Divided TPP Investment Chapter Mark Feldman 1. Introduction 2. Origin and Status of the TPP Negotiations 3. A TPP Investment Chapter Should not Require Senior Political Level participation for Joint Interpretations 4. Joint Interpretations and the Dispute Settlement Section of a TPP Investment Chapter Conclusion"