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International Investment Law: A Chinese Perspective


ISBN13: 9780415500036
Published: September 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £180.00
Paperback edition , ISBN13 9781138215245



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Globalization is an irresistible trend of the contemporary world as its impact is felt in every corner of the world and is part of the lives of all humankind. An important feature of globalization is increasing and intensified cross-border economic exchanges such as trade and investment.

In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment ("FDI"). Nowadays, due to globalization, FDI is made by and in both developed and developing countries.

Differences in political, economic and legal systems, history and culture are no longer obstacles for FDI and the economic development of almost all countries is closely linked with, if not heavily dependent upon, the inflow of FDI even though the degree of dependence on FDI may differ from country to country. Host countries compete to open economic sectors to FDI and to create a favorable environment for attracting it. As a result, FDI has become an important part of every national economy.

This book conducts critical assessments of aspects of current international law on FDI focusing on China and through the perspective of the traditional Chinese culture. The book examines the teachings of the Taoism, Confucianism and New Neo-Confucianism to illustrate the impact these philosophies have had on contemporary Chinese culture and decision-making at various level including government, enterprises and individuals as well as what they have to say in relation to globalization.

This lens is used to examine various aspects of international investment law and also to recommend alternatives to improve the present system and to ensure its sustainability. The book looks at topics including: the relationship between national laws and international treaties; the different and conflicting obligations in place as a result of multilateral and bilateral treaties; treaty obligations and the Chinese philosophy of social harmony; and the Chinese experiences in resolving disputes with foreign investors.

Subjects:
Other Jurisdictions , China, International Investment Law
Contents:
1. Features of Contemporary International Investment Lawn
2. The Regime for Protecting Direct Foreign Investment
3. Determination of Investors
4. Determination of Investments
5. Issues Relating to Treatment of Foreign Investments
6. Responsibility of and Defenses for Sovereign States
7. Compensation for Violation of Obligations
8. Use and Potential Abuse of Processes
9. Enforcement of Treaty Obligations Pertinent to Sovereigns
10. Conclusions

Series: Routledge Research in International Economic Law

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Asian Perspectives on International Investment Law
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ISBN 9781138330535
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Asian Perspectives on International Investment Law (eBook)
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ISBN 9780429825859
Published March 2019
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Preferential Trade Agreements and International Law ISBN 9780815366386
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Preferential Trade Agreements and International Law (eBook) ISBN 9781351258982
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International Investment Law and Policy in Africa (eBook) ISBN 9781351998819
Published September 2017
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International Investment Law and Policy in Africa ISBN 9781138240629
Published September 2017
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£125.00
International Investment Law and the Right to Regulate ISBN 9781138924970
Published March 2016
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£130.00
£42.99
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Culture and International Economic Law ISBN 9780415723268
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Culture and International Economic Law (eBook) ISBN 9781317910756
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£48.99
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Improving International Investment Agreements ISBN 9781138843387
Published October 2014
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£44.99
The WTO and Infant Industry Promotion in Developing Countries (eBook) ISBN 9781317664628
Published October 2014
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£48.99
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The WTO and Infant Industry Promotion in Developing Countries ISBN 9781138019553
Published October 2014
Routledge
£125.00
International Investment Law: A Chinese Perspective (eBook) ISBN 9781134442492
Published September 2014
Routledge
£48.99
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£32.99
Public Health in International Investment Law and Arbitration ISBN 9781138025233
Published March 2014
Routledge
£34.99
Improving International Investment Agreements ISBN 9780415671972
Published November 2012
Routledge
£125.00
£35.99
(ePub)
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The WTO and the Environment: Development of Competence Beyond Trade ISBN 9780415527125
Published October 2012
Routledge
£125.00
£36.99
(ePub)
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Public Health in International Investment Law and Arbitration ISBN 9780415507493
Published July 2012
Routledge
£125.00
£26.99
(ePub)
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Foreign Investment and Dispute Resolution Law and Practice in Asia ISBN 9780415610742
Published November 2011
Routledge
£130.00
£42.99
(ePub)
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Recognition and Regulation of Safeguard Measures Under GATT/WTO ISBN 9780415619592
Published May 2011
Routledge
£130.00