The legal framework of EU-China investment relations : a critical appraisal / / Wenhua Shan

• Record Nr.: UNINA9910784278303321
• Autore: Shan Wenhua
• Pubbl/distr/stampa: Oxford ; ; Portland, Oregon : , : Hart Publishing, , 2005
• ISBN: 1-4725-6348-4; 1-280-80851-9; 9786610808519; 1-84731-111-3
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (414 p.)
• Collana: China and international economic law series
• Disciplina: 346.51092
• Soggetti: Investments, European - Law and legislation - China
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Description based upon print version of record.
• Nota di bibliografia: Includes bibliographical references (pages 339-358) and index.
• Nota di contenuto: Introduction -- Part I The Current Legal Framework of EU Investment in China: The Components -- Part II The Current Legal Framework of EU Investment in China: Substantive Issues -- Part III The Current Legal Framework of EU Investment in China: The Question of Effectiveness -- Part IV Towards a New International Legal Framework of EU-China Investment Relations -- Part V The Legal Framework of Investment Relations Between China and the New EU Member States.
• Sommario/riassunto: "EU investment in China has increased dramatically since the early 1990s and is poised to increase further in light of Chinas recent accession to the World Trade Organisation. This book explores and critically appraises the existing legal framework governing EU-China investment relations,particularly EU investment in China. The current legal framework is composed of Chinese law, EU law and applicable international law, but the Chinese law is unsystematic and hard to discover and the EU has acquired only shared external investment competence which is vaguely defined. The applicable international treaties are incomplete, incoherent, or either too general or too specialised. Besides this, the international fora to settle investment disputes are still not readily available. Furthermore while law has played a very important role in decision-making by EU investors, the Chinese ; legal system is generally perceived as ineffective and lacking in effective enforcement of court and arbitration decisions. What the book demonstrates is that the time is ripe for a new international legal framework for foreign investment in China, and that as EU-China economic and political relations continue to improve, construction of such a framework is not only necessary, but also possible."--Bloomsbury Publishing.