- Title Pages
- Series Editor’s Preface
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- Biographical Information on Authors (Alphabetical Order)
- Introduction
- 1 China’s Inward Investment
- 2 China’s Outward Investment
- 3 Impact of Tax Factors on Chinese FDIs
- 4 Chinese SOE Investments and the National Security Protection under IIAs
- 5 Nationwide Regulatory Reform Starting from China’s Free Trade Zones
- 6 Addressing Sustainable Development Concerns through IIAs
- 7 Lessons Learned from the Canada–China FIPA for the US–China BIT and beyond
- 8 Innovation as a Catalyst in the China–Israel Investment Relationship
- 9 Drivers and Issues of China–EU Negotiations for a Comprehensive Agreement on Investment
- 10 Issues on SOEs in BITs
- 11 Towards a Fourth Generation of Chinese Treaty Practice
- 12 Substantive Provisions of the East Asian Trilateral Investment Agreement and their Implications
- 13 The RCEP Investment Rules and China
- 14 Towards an Asia-Pacific Regional Investment Regime
- 15 A New Era in Cross-strait Relations? A Post-sovereign Enquiry in Taiwan’s Investment Treaty System
- 16 China Moves the G20 towards an International Investment Framework and Investment Facilitation
- 17 G20 Guiding Principles for Global Investment Policy-making
- 18 Beware of Chinese Bearing Gifts
- 19 The Political Economy of Chinese Outward Foreign Direct Investment in ‘One-Belt, One-Road (OBOR)’ Countries
- 20 China’s Role and Interest in Central Asia
- 21 The International Fraud and Corruption Sanctioning System
- 22 He Who Makes the Rules Owns the Gold
- 23 Investment Treaty Arbitration in Asia
- 24 Investment Disputes under China’s BITs
- 25 Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime
- 26 Use of Investor–state against China’s Enforcement of the Anti-Monopoly Law
- 27 Implementing Investor–state Mediation in China’s Next Generation Investment Treaties
- Index
Drivers and Issues of China–EU Negotiations for a Comprehensive Agreement on Investment
Drivers and Issues of China–EU Negotiations for a Comprehensive Agreement on Investment
- Chapter:
- (p.163) 9 Drivers and Issues of China–EU Negotiations for a Comprehensive Agreement on Investment
- Source:
- China's International Investment Strategy
- Author(s):
Flavia Marisi
Qian Wang
- Publisher:
- Oxford University Press
Although the China–EU Comprehensive Agreement on Investment (CAI), currently under negotiation, covers only bilateral investments, it may clear the path for a potential free trade agreement between the parties. Its relevance goes beyond the purely economic and legal impact, owing to the central importance that these two regions have both economically and strategically in their wider neighbourhood and worldwide, often in competition with the interests of other world powers. In particular, the chapter identifies the provisions of fair and equitable treatment (FET), taxation, and transparency as the core issues in the negotiation process, and highlights both their features and relevance. The latter can be inferred from the frequency of alleged breaches in investor–state cases, and therefore it is on these issues that the legal discussion of the greater part of arbitration cases focuses. It is of essence that China and the EU carefully design all the clauses in the CAI, concluding a treaty able to foster investments in both directions and satisfy the parties’ interests, both as home states of investors and as host states. With these features, the CAI has full potential to serve as a role model for the rest of the world.
Keywords: European Union, investor–state, fair and equitable treatment, taxation, foreign direct investment, investor–state dispute settlement
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- Title Pages
- Series Editor’s Preface
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- Biographical Information on Authors (Alphabetical Order)
- Introduction
- 1 China’s Inward Investment
- 2 China’s Outward Investment
- 3 Impact of Tax Factors on Chinese FDIs
- 4 Chinese SOE Investments and the National Security Protection under IIAs
- 5 Nationwide Regulatory Reform Starting from China’s Free Trade Zones
- 6 Addressing Sustainable Development Concerns through IIAs
- 7 Lessons Learned from the Canada–China FIPA for the US–China BIT and beyond
- 8 Innovation as a Catalyst in the China–Israel Investment Relationship
- 9 Drivers and Issues of China–EU Negotiations for a Comprehensive Agreement on Investment
- 10 Issues on SOEs in BITs
- 11 Towards a Fourth Generation of Chinese Treaty Practice
- 12 Substantive Provisions of the East Asian Trilateral Investment Agreement and their Implications
- 13 The RCEP Investment Rules and China
- 14 Towards an Asia-Pacific Regional Investment Regime
- 15 A New Era in Cross-strait Relations? A Post-sovereign Enquiry in Taiwan’s Investment Treaty System
- 16 China Moves the G20 towards an International Investment Framework and Investment Facilitation
- 17 G20 Guiding Principles for Global Investment Policy-making
- 18 Beware of Chinese Bearing Gifts
- 19 The Political Economy of Chinese Outward Foreign Direct Investment in ‘One-Belt, One-Road (OBOR)’ Countries
- 20 China’s Role and Interest in Central Asia
- 21 The International Fraud and Corruption Sanctioning System
- 22 He Who Makes the Rules Owns the Gold
- 23 Investment Treaty Arbitration in Asia
- 24 Investment Disputes under China’s BITs
- 25 Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime
- 26 Use of Investor–state against China’s Enforcement of the Anti-Monopoly Law
- 27 Implementing Investor–state Mediation in China’s Next Generation Investment Treaties
- Index
