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China’s Engagement in ISDS Reform: Text, Practice, and Political Economy KCI 등재 SCOPUS

Wei Shen, Shuping Li
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  • URLhttps://db.koreascholar.com/Article/Detail/409280
구독 기관 인증 시 무료 이용이 가능합니다. 8,400원
이준국제법연구원 (YIJUN Institute of International Law)
초록

The investor-state dispute settlement (ISDS) system is such a means to an end of further economic development and wider social political goals. With major protective provisions of expropriation against compensation, fair and equitable treatment, national treatment, most-favored-nation treatment, full protection and security and umbrella clause, it helps establish a predictable, transparent, and enforceable legal regime to protect foreign investors’ legitimate expectations and lawful investment. As China intends to attract foreign investments by offering a stable business operation environment, its signing a large number of BITs and FTAs may help reduce political and socio-economic risks, which give states, businesses, and individuals the confidence to work in a coordinated manner. The economic development goal, rule of law strategy, tense US-China relations, ideology of multilateralism and community of common destiny, all add up to China’s inclination to incremental but effective ISDS reform.

키워드
ISDSISDS ReformBITInternational Investment ArbitrationPolitical Economy
목차
I. Introduction
II. China’s Involvement in ISDS : Text Evolution
III. China’s Practice
IV. Political Economy and China’s Future Engagement
V. Conclusion
References
저자
  • Wei Shen(KoGuan Distinguished Professor of Law at Shanghai Jiaotong University Law School, China. LL.B. & LL.M. (ECUPL), LL.M. (Cantab), LL.M. (Michigan), Ph.D. (LSE))
  • Shuping Li(Ph.D. candidate in law at the University of Hong Kong. LL.B. (Shandong), LL.M. (Cantab))