Navigating between Resistance and Conformity with the International Investment Regime

Badin, Michelle Ratton Sanchez; Morosini, Fabio

doi:10.1017/9781316996812.007

Cited by 3 publications

(14 citation statements)

References 6 publications

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“…(4) Undergoing a special transitional review mechanism operated annually since China's accession to 14 Available at: www.pbc.gov.cn/tiaofasi/144941/144959/index.html. 15 Available at: www.mof.gov.cn/gkml/bulinggonggao/czbgg/. 16 Available at: http://chinawto.mofcom.gov.cn/.…”

Section: (V) Transparencymentioning

confidence: 99%

“…With the same joy as Monk Tang entering the Western Heaven, 15 China finally acceded to the WTO at the Doha Ministerial Conference in November 2001. The accession was celebrated universally across China, with CCTV hosting a "Who Wants to be a Millionaire"-style show testing people's knowledge on WTO issues, various local campaigns to teach WTO to people from all trades including taxi drivers, and a highlevel seminar on WTO issues for Provincial Governors and Ministers in February 2002 with an opening speech by President Jiang Zemin.…”

Section: The Assimilation: 2001-2008mentioning

confidence: 99%

“…Despite positive rulings on claims made in the poultry cases against the EU and United States, China's exports remain minimal due to SPS As of November 4, 2021, there have been seven requests for consultations with China involving food and agricultural products; all but one of those disputes were initiated within the last 5 years (Table 6.10). In 2011, the United States requested consultations with China concerning China's china's wto accession and global agricultural trade 15 The Panel concluded that the reform to China's corn policy removed an essential element (the Applied Administrative Price) of the challenged corn measure, thus marking the expiry of this measure in years 2012 through 2015. As such, despite this corn measure being within the Panel's terms of reference, the Panel did not find any reason to make a ruling on this measure (WTO, 2021c, p. 226).…”

Section: China and The Wtomentioning

confidence: 99%

“…Rather than openly abandoning Jiang and Zhu's stated goal, Xi has simply redefined the rule of law to suit his and the Party's purpose. 15 Under the rubric of a "socialist rule of law with Chinese characteristics," Xi has stripped away any pretense of progress toward the rule of law in favor of a vision of unchallengeable central authority demanding obedience from "a law-abiding population." 16 Xi's expansion of the state-owned sector has had its own ramifications for the reach of the rule of law.…”

Section: Introductionmentioning

confidence: 99%

“…Just as economic reform and downsizing the state-owned sector created the need for stronger legal institutions and legal reform to govern relations between enterprises and consumers 14 Lardy, Issues in China's WTO Accession. 15 China Channel (Jun. 29, 2018).…”

Section: Introductionmentioning

confidence: 99%

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China and the WTO

2023

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Examining the twenty years since China acceded to the World Trade Organization, this collection provides an original, systematic assessment of the opportunities and challenges that China has presented to the WTO. Offering in-depth analyses of the 'two-way' relationship between China and the WTO, the contributions explore a range of key issues from the varied effects of WTO membership for China and the global economy to the responses of the WTO members to China's rapid economic growth. It presents diverse perspectives of leading scholars from multiple disciplines, including law, economics, political science, and international relations, as well as practical insights from senior policymakers from both China and the United States. This is an invaluable contribution to ongoing debates about the implications of the rise of China for global economic governance and enriches discussions of the wide-ranging implications of China's growing integration into the multilateral trading system, both now and in the future. This title is also available as Open Access on Cambridge Core.

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Section: (V) Transparencymentioning

confidence: 99%

Section: The Assimilation: 2001-2008mentioning

confidence: 99%

Section: China and The Wtomentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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China and the WTO

2023

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Building Legal Capacity and Adapting State Institutions in Brazil

Shaffer¹

2021

Emerging Powers and the World Trading System

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Brazil’s New Investment Treaty Model: Why Now?

Amorim

Menezes

2022

Vestn. Ross. univ. družby nar., Ser. Meždunar. otnoš.

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The investment treaty regime, unlike other economic regimes, lacks common substantive multilateral rules and depends on countries signing bilateral or plurilateral investment treaties. As the regime presented a pro-developed country bias, developing countries, especially in Latin America, avoided signing investment treaties up to the 1980s. Brazil followed this trend and did not start an investment treaty program until the late 1990s. However, the treaties never entered into force. The country also avoided acceding to the World Bank agency responsible for investment arbitration proceedings - the International Centre for Settlement of Investment Disputes (ICSID). In 2015, Brazil started a new investment treaty program. However, the timing seems counterintuitive. The investment treaty regime had already been criticized, including inefficiency in attracting foreign investment, the potential to encroach on countries’ regulatory sovereignty and the lack of legitimacy of its investor-state dispute settlement (ISDS) procedure. Furthermore, the favorable foreign economic scenario did not force the country to seek an inflow of foreign capital at that time. The new Cooperation and Facilitation Investment Agreement (CFIA) is presented as an investment treaty model for developing countries, since it responds to major criticisms to the investment treaty regime, and at the same time meets the demands of an important domestic interest group, the Brazilian industrial sector, for a legal framework that mitigates the political risk of its increasingly internationalized operations. Brazil’s CFIA may be viewed as a model that other developing countries could emulate in the face of the failure of the traditional paradigm of investment dispute settlement.

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Navigating between Resistance and Conformity with the International Investment Regime

Cited by 3 publications

References 6 publications

China and the WTO

China and the WTO

Building Legal Capacity and Adapting State Institutions in Brazil

Brazil’s New Investment Treaty Model: Why Now?

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