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Yannaca-Small, Katia

doi:10.1093/oxfordhb/9780199231386.013.0025

Cited by 4 publications

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“…Moreover, the negative list approach will identify which foreign investment projects are Germany (2005), India (2003) and the United States (2004 and 2012). 123 Since the first BIT signed with Sweden in 1982, China has approximately entered into more than 130 BITs, ranking in the second place of the number of signed BITs globally, following Germany. 124 And the most recent BITs China has entered into usually include such essential security provisions.…”

Section: B the Irrelevance Of Nsrs On Most Foreign Investment Projectsmentioning

confidence: 99%

A new dimension of foreign investment law in China – evolution and impacts of the national security review system

Bian

2016

Asia Pacific Law Review

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This article discusses the evolutional trajectory of China's national security review system (NSRS) and its potential impacts on inward foreign investment. By analysing the law-making process as well as merger cases of major significance, this article explores the emergence of China's NSRS in 2003, followed by its decade long (2006)(2007)(2008)(2009)(2010)(2011)(2012)(2013)(2014)(2015) legal construction. The formation process of the NSRS that has evolved from interim administrative regulations to national law complies with the pragmatic, incremental character of the lawmaking in China in general. The key features of the NSRS provided in the 2015 draft Foreign Investment Law (FIL) is examined in detail to demonstrate the legislative headway as well as room for further refinement. In response to the ongoing concerns on the potential impacts of the NSRS on future foreign investment in China, this article attempts to argue that China's newly established NSRS, set forth in Chapter 4 of the draft FIL, is an anticipated and rational outcome, though further modification of the relevant provisions in the final text of the FIL could be expected. While the NSRS might cause rejection or delay of approval to some foreign investment projects, the clarified and delineated NSRS offers greater legal certainty and predictability. In view of China's continuous and adamant policies of attracting foreign direct investment (FDI), the NSRS is unlikely to have a significant impact on most foreign investment projects in the future.

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Section: B the Irrelevance Of Nsrs On Most Foreign Investment Projectsmentioning

confidence: 99%

A new dimension of foreign investment law in China – evolution and impacts of the national security review system

Bian

2016

Asia Pacific Law Review

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“…134 A similar requirement for states to consider whether to establish a bilateral appellate or review body was included in the US FTAs with Chile, Singapore, and Morocco, as well as in the 2004 US Model BIT. 135 Similar provisions were also included in the recent US FTA with five Central American countries and the Dominican Republic. 136 Canada and the EU have also declared in the CETA communiqué that the CETA will, for the first time in the EU, provide ''for the possibility to establish an appellate mechanism''.…”

Section: International Arbitrationmentioning

confidence: 99%

The Transnational Protection of Private Rights: Issues, Challenges, and Possible Solutions

Menon¹

2014

AsianJIL

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The global community faces the challenge of dealing with movements in opposite directions: the emphasis on decolonization and self-determination in the postwar world has encouraged the building of barriers and boundaries between jurisdictions, while globalization has encouraged the breaking or transcending of the same. This paper focuses on the legal protection of private economic rights in the transnational arena by considering the regulation of transnational economic relationships at three different levels: (a) where a party's rights are not regulated or governed by any contract; (b) where there is a contract between the parties; and (c) where a foreign investor looks to protect its investment against unlawful interference by a host state. It concludes with some thoughts on what might lie ahead and suggests possible solutions to the issues and challenges faced.In the wake of the two World Wars that rocked the international order in the twentieth century, the right of nations to self-determination was enshrined in Article 1 of the Charter of the United Nations. 1 Among the most important developments of the postwar era has been the disintegration of the colonial empires and a consequent massive increase in the number of states and polities. 2 With this, came a proliferation of borders that each contained different sovereign legal systems and laws.At the same time, the rebuilding and reconstruction of the postwar world created both the impetus and the opportunity to focus on development and economic growth. 3

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“…134 A similar requirement for states to consider whether to establish a bilateral appellate or review body was included in the U.S. FTAs with Chile, Singapore, and Morocco, as well as in the 2004 U.S. Model BIT. 135 Similar provisions were also included in the recent U.S. FTA with five Central American countries and the Dominican Republic. 136 Canada and the EU have also declared in the CETA communique that the CETA will, for the first time in the EU, provide ''for the possibility to establish an appellate mechanism.''…”

Section: Act Two: Improvements In and Convergence Of Dispute Resolutimentioning

confidence: 99%

The Transnational Protection of Private Rights: Issues, Challenges, and Possible Solutions

Menon¹

2014

Proc. annu. meet.- Am. Soc. Int. Law

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Cited by 4 publications

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A new dimension of foreign investment law in China – evolution and impacts of the national security review system

A new dimension of foreign investment law in China – evolution and impacts of the national security review system

The Transnational Protection of Private Rights: Issues, Challenges, and Possible Solutions

The Transnational Protection of Private Rights: Issues, Challenges, and Possible Solutions

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