China, the EU and International Investment Law Reforming Investor-State Dispute Settlement The Rule of Law in China and Comparative Perspectives Series

This book provides an original and critical analysis of the most contentious subjects being negotiated in the China?EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China?EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China?EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China?EU CAI and the China?US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU?s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution.

This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.

1. Introduction: Opportunities and Challenges Towards a China-EU Comprehensive Agreement on Investment

YUWEN LI and CHENG BIAN

Part I: China-EU Comprehensive Agreement on Investment: Core Issues

2. The China-EU Investment Agreement Negotiations: Rationale, Motivations and Contentious Issues

AXEL BERGER

3. Convergences and Divergences in the China-EU and the China-US BIT Negotiations

HONGYU FU and MENG WAN

4. Elements of Public Policy in the Making of the China-EU Comprehensive Agreement on Investment

CHENG BIAN and YUWEN LI

5. Bridging the Gap between Investments and Human Rights Protection: Prospects and Challenges for the China-EU CAI

MATTHIEU BURNAY

Part II: Reforming ISDS: Institutional Aspects

6. Judicialization of ISDS: The European Union’s Approach to Multilateral Reform of Investment Dispute Settlement

COLIN BROWN and ELIO GAARTHUIS

7. Concrete Issues in Instituting an International Investment Court

JUN XIAO

8. Reforming ISDS: A Chinese Perspective

HUIPING CHEN

9. China’s Policy on ISDS Reform: Institutional Choice in a Diversified Era

TONG QI

10. Investor-State Arbitration: An Economics and Empirical Perspective

MICHAEL FAURE and WANLI MA

Part III: Reforming ISDS: Substantive and Procedural Aspects

11. European Perspectives on the Role of National Courts in the Resolution of Investor-State Disputes

VID PRISLAN

12. Is (In)Consistency a Problem? - A Close Look at Juridical Techniques in Interpreting Jurisdiction Clauses in Chinese BIT Cases

WEI SHEN

13. Transparency of ISDS in the Making of a China-EU CAI: Consensus and Differences

MANJIAO CHI

14. The Status of State-Owned Enterprises in ISDS from an EU Perspective

ALESSANDRO SPANO

15. The Status of State-Owned Enterprises in ISDS from a Chinese Perspective

SHENG ZHANG

16. Protection of Victims in International Investment Dispute Resolution: Juxtaposing Different Topics?

MARTIJN SCHELTEMA

17. A Comprehensive Chapter on Anti-Corruption in the China-EU CAI: A Progressive or an Unnecessary Step?

YUEMING YAN

Yuwen Li is a professor of Chinese law and the director of the Erasmus China Law Centre at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands.

Tong Qi is a professor of international economic law and the director of the Centre of Overseas Investment Law at the Law School of Wuhan University, China.

Cheng Bian is a researcher at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands.