Reforming International Investment Law in a Transitional China: The Post-FPS of the 18th Party Central Committee

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 2권 / 1호
ㆍ저자명 : Qiang Ren

목차

I. Introduction
II. New Development of Chinese BITs
A. Conservative and cautious towards investment protection: 1982 to 1998
B. Increasing Protection for Investment: 1998-2012
C. Seeking Balance: Post-2012
III. The FPS of the 18th PCC
A. The FPSs
B. The FPS of the 18th PCC in 2014
C. The PCC Decision
IV. The Interplay of the PCC Decision with the International Investment Treaties in China
A. Augmenting Investment Disputes before International Tribunals
B. Fertilizing the Content of ‘Host State Law’ in Investment Treaties
C. Improving Judicial Remedies for International Investors
V. Conclusion
References

영어 초록

This paper examines the new trends of interaction between the legal transformations in China and the international investment treaties, focusing on the legal reforms after the Fourth Plenary Session of the Eighteenth Party Central Committee Fourth Plenary Session of the 18th Party Central Committee of the PRC of 2014 (2014 FPS). It envisages that the 2014 FPS will impose significant influence on the current legal system in China, on the forthcoming Foreign Investment Law of China, and eventually on the negotiation and application of the international investment treaties concluded by China because the CPC Central Committee Decision on Certain significant Issues regarding the Comprehensive Promotion of Law (PCC Decision) has demonstrated the directions of legal constructions and reforms explicitly and comprehensively from the administrative, judicial, social, and jurist perspectives, which constitutes the most inclusive PCC Decision regarding Chinese law and justice.

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