The Legal Framework of EU-China Investment Relations
A Critical Appraisal (with a Foreword by Professor Sir Elihu Lauterpacht)
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Legal Framework of EU-China Investment Relations by Wenhua Shan
Book DescriptionEU investment in China has increased dramatically since the early 1990s and is poised to increase further in light of Chinas recent accession to the World Trade Organisation. This book explores and critically appraises the existing legal framework governing EU-China investment relations,particularly EU investment in China. The current legal framework is composed of Chinese law, EU law and applicable international law, but the Chinese law is unsystematic and hard to discover and the EU has acquired only shared external investment competence which is vaguely defined. The applicable international treaties are incomplete, incoherent, or either too general or too specialised. Besides this, the international fora to settle investment disputes are still not readily available. Furthermore while law has played a very important role in decision-making by EU investors, the Chinese legal system is generally perceived as ineffective and lacking in effective enforcement of court and arbitration decisions. What the book demonstrates is that the time is ripe for a new international legal framework for foreign investment in China, and that as EU-China economic and political relations continue to improve, construction of such a framework is not only necessary, but also possible.
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Book DetailsISBN: 9781841133911
(234mm x 156mm x 32mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 21-Oct-2005
Country of Publication: United Kingdom
Books By Author Wenhua Shan
Legal Protection of Foreign Investment, Hardback (June 2012)
This book brings together leading investment lawyers from more than 20 jurisdictions to produce a comparative study of foreign investment law. As such the book will provide a unique resource for investment lawyers.
Chinese Investment Treaties, Hardback (March 2009)
This is a comprehensive commentary on Chinese bilateral investment treaties (BITs), which are being increasingly used in Chinese foreign investment policy. It will define BITs' role, analyse and interpret their key provisions, and discuss the future of China's investment programme.
Redefining Sovereignty in International Economic Law, Hardback (April 2008)» View all books by Wenhua Shan
The contributions in this volume debate the meaning of sovereignty and the impact of international economic law on state sovereignty.
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Author Biography - Wenhua Shan
Dr. Wenhua Shan is Reader in International Economic Law at Oxford Brookes University, England, the Dean and Professor of Law at the College of Humanities and Social Sciences, Xi'an Jiaotong University, and University Chair Professor of Law at Xiamen University, China. He practices international and Chinese laws as a Senior Consultant at Haoliwen PRC Attorneys, Shanghai, and is an Arbitrator for various arbitration authorities in China.
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