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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Legal Regime of Chinese Overseas Investment

ISBN13: 9780854901531
Published: December 2014
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00

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China has become the first socialist legal system to acquire an interest and the capacity to invest significantly beyond its own borders and abandon the policies of economic autarchy that approaches to socialist economic planning seemed to impose upon predecessor socialist legal systems.

In this path breaking study, Dr. Chenyang XIE examines how the Chinese legal system regulates – usually by default rather than design – Chinese investor behaviour with respect to outward investment opportunities and/or priorities. He offers intelligent and perceptive critiques of legal rules, institutions, systems, and administrative practices, providing suggestions for potential reform or adjustments of these.

Drawing upon the Chinese tradition of codification, the author has prepared a draft Code of Overseas Investment Law, together with Commentary to explain why each formulation is desirable and necessary. In his view, Chinese overseas investment relations are a “legal laboratory” for shaping a constructive legal regime to encourage and regulate such investment. His bold, subtle, and nuanced strategy embodies reservations about the extent to which in a planned economy the State should assume investment risks rather than the non-State sector.

Subjects covered include the Chinese macro policies and concepts of overseas investment, information services, investment promotion, approvals, authorizations, and filings, financial support, foreign exchange regulation, insurance, taxation, and supervision State-owned assets abroad. The draft Code of Overseas Investment Law is the first of its kind for any legal system.

Comparative Law, Other Jurisdictions , Wildy, Simmonds and Hill, China
Chapter 1: Introduction;
Chapter 2: Macro Policy and Basic Concepts;
Chapter 3: Information Assistance;
Chapter 4: Investment Promotion;
Chapter 5: Examination, Approval, Annual Inspection, and Performance Evaluation;
Chapter 6: Financial Supervision and Financing Support;
Chapter 7: Foreign Exchange;
Chapter 8: Insurance;
Chapter 9: Taxation;
Chapter 10: Supervision of State-Owned Assets;
Chapter 11: Current Legislative Model and Its Critique;
Chapter 12: Historical Foundations, Feasibility, and Significance of Codification;
Chapter 13: General Provisions and Overview of Proposed New Code;
Chapter 14: Overseas Investment Information Assistance Law;
Chapter 15: Overseas Investment Promotion Law on Small and Medium Sized Enterprises;
Chapter 16: Administrative Law of Overseas Investment Filings;
Chapter 17: Overseas Investment Financial-Assistance Law;
Chapter 18: Law on the Administration of Foreign Exchange Involved in Overseas Investment;
Chapter 19: Overseas Investment Insurance Law;
Chapter 20: Overseas Investment Tax Assistance Law;
Chapter 21: Supervison of Overseas Investment and Overseas Assets of State-Owned Enterprises
Chapter 22: Conclusion;

Series: JCL Studies in Comparative Law

Interdisciplinary Study and Comparative Law ISBN 9780854902101
Published September 2016
Wildy, Simmonds and Hill Publishing
Reflections on the Supreme Court of Ghana ISBN 9780854901562
Published June 2015
Wildy, Simmonds and Hill Publishing
The Interaction of Legal Systems: Post-Soviet Approach ISBN 9780854901616
Published April 2015
Wildy, Simmonds and Hill Publishing
Natural Law and Comparative Law ISBN 9780854901548
Published January 2015
Wildy, Simmonds and Hill Publishing
The 1980 Hague Abduction Convention: Comparative Aspects
Edited by: Robert Rains
ISBN 9780854901517
Published November 2014
Wildy, Simmonds and Hill Publishing
Teaching Legal History: Comparative Perspectives ISBN 9780854901456
Published May 2014
Wildy, Simmonds and Hill Publishing
Pasolini's Italian Premonitions: Same-Sex Unions and the Law in Comparative Perspective ISBN 9780854901357
Published May 2014
Wildy, Simmonds and Hill Publishing
A Court in the City: Civil and Commercial Litigation in London at the Beginning of the 21st Century ISBN 9780854901319
Published October 2013
Wildy, Simmonds and Hill Publishing
Using Legal Culture
Edited by: David Nelken
ISBN 9780854901180
Published September 2012
Wildy, Simmonds and Hill Publishing
Global Wrongs and Private Law Remedies and Procedures ISBN 9780854900916
Published September 2011
Wildy, Simmonds and Hill Publishing
Foundations of Comparative Law: Methods and Typologies ISBN 9780854900923
Published April 2011
Wildy, Simmonds and Hill Publishing
Mixed Legal Systems at New Frontiers
Edited by: Esin Orucu
ISBN 9780854900701
Published May 2010
Wildy, Simmonds and Hill Publishing
Building the Civilization of Arbitration ISBN 9780854900688
Published April 2010
Wildy, Simmonds and Hill Publishing
Constitutional Courts: A Comparative Study ISBN 9780854900633
Published November 2009
Wildy, Simmonds and Hill Publishing