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2024 | Buch

International Investment Law at the Juncture

An Asian Perspective

herausgegeben von: Shen Wei

Verlag: Springer Nature Singapore

Buchreihe : International Law in Asia

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Über dieses Buch

The book focuses on some of the most pressing issues in international investment law in Asia, such as the role of developing countries, the rebalancing between the investors’ rights protection and the host states’ right to regulate, the ISDS reform, among others. The book investigates these issues by looking into the bilateral investment treaties and investment arbitration cases in the region.


The readers will benefit from this book’s rich content and wide coverage. For instance, the readers would learn more about Asian states’ Bilateral Investment Treaty law and practice and their standing on international investment law. The book provides a fresh angle to most readers who may be more exposed to the Western perspective on the topic, providing a more complete picture to add to the readers’ understanding of international investment law and in particular its evolution and future possibilities.

Inhaltsverzeichnis

Frontmatter
Chapter 1. Pluralism, Cosmopolitanism, or International Economic Law Constitutionalism
Tao Li, Zuoli Jiang
Chapter 2. Is Calvo Dead?
Wenhua Shan
Chapter 3. Calvo is Back! Changing Sovereignty and Evolutionary Investment Law in a Leaving and Return of the State Paradigm
Shen Wei, Feng Shuo
Chapter 4. Carbon Neutrality, Economic Transformation, and Foreign Investment Protection: A China’s Perspective
Tong Qi, Diwan Liu
Chapter 5. Legitimacy Crisis and the ISDS Reform in a Political Economy Context
Shuping Li, Shen Wei
Chapter 6. The Elephant in the Room? Russia and the ISDS Reform
Dmitry K. Labin, Alena V. Soloveva
Chapter 7. Two Bites at the Same Apple?: ‘Derivative’ ISDS Proceedings in the Revised Korea-US FTA
Jaemin Lee
Chapter 8. Investor-State Mediation in a China-EU Bilateral Investment Treaty: Talking About Being in the Right Place at the Right Time
Chunlei Zhao
Chapter 9. China and the Investment Treaty Regime: Rule Taker or Rule Maker?
Abstract
The year of 2018 marks the 40th anniversary of China’s opening-up policy, which gives us a great opportunity to review China’s developments and contributions in the area of international investment treaty regime. Since its first bilateral investment treaty (BIT) with Sweden in 1982, China has signed BITs with more than 130 countries. Indeed, China’s practice in international investment law is also a microcosm of China's participation in general international law. When signing BITs, China mainly follows the template or style as set by western countries. Yet with the development of China’s economic growth, China is more willing to establish its own approach toward the investment treaties. The Belt and Road Initiative (BRI), and the BITs negotiations separately with the US and the EU, reveals China’s proactive approach to participate in the global economic governance. The experience in dealing with the cases filed with foreign investors against China also enables China to review its BIT policy. In a time of anti-globalisation, China’s more open and liberal attitude toward foreign investment not only helps to restore foreign investors’ confidence, but also to maintain the stability of the international investment law regime.
Sheng Zhang
Chapter 10. Investing in Macao—New Opportunities and Challenges Under the New Macao Financial Regulations
Abstract
China's Macao, as a microeconomic entity, exhibits distinctive characteristics in its economic and financial development.
Cheng Hang Leong
Metadaten
Titel
International Investment Law at the Juncture
herausgegeben von
Shen Wei
Copyright-Jahr
2024
Verlag
Springer Nature Singapore
Electronic ISBN
978-981-9721-83-2
Print ISBN
978-981-9721-82-5
DOI
https://doi.org/10.1007/978-981-97-2183-2

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