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For the past forty years China has been developing its network of international investment agreements. While initially China followed the template set by contracting partner countries, it has increasingly adopted its own approach towards investment protection in treaty negotiations, in an attempt to translate its rapid economic growth into greater political and negotiating power. This aspiration is also visible in China’s domestic policy initiatives concerning inward investment, in particular its enactment of the Foreign Investment Law and its implementation of related measures, including exemptions from tax liability for certain reinvestments. China’s continued shaping of investment treaties in accordance with its own bespoke needs has the potential to influence the future development of international investment law worldwide. This chapter first summarizes the history of China’s investment treaty practice and its domestic policies concerning inward investment. It then looks at issues that have arisen in investment treaty arbitrations involving China (as a respondent) or its nationals (as claimants). Finally, it analyzes China’s proposals for international investment law reform.
Public and political controversies over Investor–State Dispute Settlement (ISDS) have prompted reform processes at international and regional levels. As an emerging actor in this field, the European Union (EU) has been particularly active in shaping new developments, within and outside the EU, and proposing the establishment of a Multilateral Investment Court (MIC). This research examines the underlying reasons and ways in which the EU has been shaping the field of international investment law (IIL) in order to address its own and global ISDS problems. The analysis of EU law and policy solutions envisioned to reform investment law in this book is undertaken in light of the IIL controversies, the EU constitutional and legal framework and the rule of law and legitimacy, as the normative goals of the ISDS reforms. In doing so, this book evaluates the contribution of the EU to the development of international law in the field of investment.
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