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International Investment and Dispute Settlement: Understanding the ChinaEuropean Union Comprehensive Agreement on Investment [Kõva köide]

(Chunlei Zhao, Tsinghua University, PR China.)
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International Investment and Dispute Settlement: Understanding the ChinaEuropean Union Comprehensive Agreement on InvestmentSuurem pilt
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Püsilink: https://www.kriso.ee/db/9781032128146.html
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This book analyzes the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues.

When China and the EU, two of the biggest players in international investment, announced the completion of the China-European Union CAI negotiations, the dispute settlement system remained incomplete. While they reached an agreement on state-to-state dispute settlement, the controversial investor-state dispute settlement is subject to ongoing negotiations. This book explores the possible procedural design of investor-state dispute settlement mechanisms under the EU-China CAI, including potential proposals, issues, and solutions. In addition, this work analyzes the separation, connection, and combination of state-to-state and investor-state dispute settlement, all with a mind to ensuring the function and operation of diverse mechanisms and establishing a comprehensive system for successful investment dispute settlement.

Focusing on the complete dispute settlement system under the EU-China CAI, this book will be a valuable resource for students, academics, and policymakers working in the areas of international dispute resolution, international investment law, international economic law, and comparative law.

Arvustused

"In these times of growing tension between the major powers in todays world, a better understanding of each others approach to law and rules-based dispute resolution is vital. Chunlei Zhaos book makes an important contribution to such understanding."

Prof. Dr. Peter Van den Bossche, President, Society of International Economic Law

"Through careful examination, this book gives a careful and comprehensive analysis of the dispute settlement system under the EU-China Comprehensive Agreement on Investment. I would recommend this resource to academics and legal practitioners in the area of international economic law."

Prof. Dr. Yuejiao Zhang, Tsinghua University, China In these times of growing tension between the major powers in todays world, a better understanding of each others approach to law and rules-based dispute resolution is vital. Chunlei Zhaos book makes an important contribution to such understanding.

Peter Van den Bossche , President, Society of International Economic Law

Through careful examination, this book gives a careful and comprehensive analysis of the dispute settlement system under the EU-China Comprehensive Agreement on Investment. Iwould recommend this resource to academics and legal practitioners in the area of international economic law.

Yuejiao Zhang , Professor, Tsinghua University, China

List of tables
xi
Preface xii
List of abbreviations
xiii
Treaties and Rules xiv
1 Introduction: China, the EU, the EU-China Comprehensive Agreement on Investment, and International Investment Dispute Settlement
1(25)
1 Introduction
1(1)
2 An Overview of China's and the EU's International Investment Treaty Practice
2(3)
2.1 China's International Investment Treaty Practice
2(1)
2.2 The EU's International Investment Treaty Practice
3(2)
3 An Overview of the Development of the China-EU Investment Legal Relationship
5(6)
3.1 Before the Lisbon Treaty
5(4)
3.2 After the Lisbon Treaty
9(2)
4 The Impact and Future of the EU-China CAI
11(15)
4.1 The Impact of the EU-China CAI
12(1)
4.2 The Future of the EU-China CAI
13(13)
2 Analyzing the State-to-State Dispute Settlement System in the EU-China Comprehensive Agreement on Investment
26(19)
1 Introduction
26(1)
2 The Examination of China's and the EU's Practice of State-to-State Investment Dispute Settlement
26(6)
2.1 China's Practice of State-to-State Dispute Settlement
27(4)
2.2 The EU's Practice of State-to-State Dispute Settlement
31(1)
2.3 Comparison of China's and the EU's State-to-State Dispute Settlement Practice: Similar Trust in a Quasi-WTO Dispute Settlement Panel Proceedings Model
32(1)
3 Introducing and Analyzing the State-to-State Dispute Settlement Mechanisms under the EU-China CAI
32(7)
3.1 Objective and Scope of Application
32(1)
3.2 Consultations
33(1)
3.3 Mediation
33(2)
3.4 Panel Proceedings
35(2)
3.5 Analysis of the State-to-State Dispute Settlement Mechanisms under the EU-China CAI
37(2)
4 Conclusion
39(6)
3 Analyzing the Mechanism to Address Differences under the EU-China Comprehensive Agreement on Investment
45(18)
1 Introduction
45(1)
2 The Examination of the EU's Mechanisms to Address Differences in International Economic Agreements
46(4)
2.1 The Features of the Mechanism to Address Differences
47(1)
2.2 The Application of the Mechanism to Address Differences -- The EU-Korea Case
48(2)
3 Introduction of the Mechanism to Address Differences under the EU-China CAI
50(3)
3.1 Scope of Application
51(1)
3.2 Consultations
51(1)
3.3 Panel of Experts Proceedings
51(2)
4 Analysis of the Mechanism to Address Differences under the EU-China CAI
53(5)
4.1 The Mechanism to Address Differences under the EU-China CAI v. the Mechanisms to Address Differences in the EU's Other International Economic Agreements
54(1)
4.2 The Mechanism to Address Differences v. State-to-State Consultations and Panel Proceedings
55(2)
4.3 The Panel Proceedings in the Mechanism to Address Differences v. State-to-State Mediation
57(1)
5 Conclusion
58(5)
4 The Basis for Prospecting the Investor-State Dispute Settlement Mechanism in the EU-China Comprehensive Agreement on Investment
63(60)
1 Introduction
63(1)
2 The Investor-State Dispute Settlement Mechanisms in the Bilateral Investment Treaties between China and EU Member States
64(5)
2.1 Stage One: 1982--1996
65(1)
2.2 Stage Two: 1997--2009
66(1)
2.3 Cases under the Investment Agreements between China and EU Member States
67(2)
3 The Reform of Investment Dispute Settlement at the UNCITRAL
69(7)
3.1 The Background of ISDS Reform
69(1)
3.2 The Mission Entrusted to and the Progress Made at the UNCITRAL
70(2)
3.3 The Positions Presented by the EU in the UNICTRAL Working Group III
72(2)
3.4 The Positions Presented by China in the UNICTRAL Working Group III
74(2)
4 China's and the EU's Existing ISDS Practice
76(17)
4.1 China's Practice of Investor-State Dispute Settlement Mechanisms
76(6)
4.2 The EU's Practice of Investor-State Dispute Settlement Mechanisms
82(11)
5 Conclusion
93(30)
5 The Prospective Investor-State Dispute Settlement under the EU-China Comprehensive Agreement on Investment
123(41)
1 Introduction
123(1)
2 The Objective and Scope of the Investor-State Dispute Settlement System
124(1)
3 Amicable Dispute Settlement Mechanisms
125(8)
3.1 Negotiation
126(1)
3.2 Consultations
126(1)
3.3 Mediation
127(6)
4 The International Adjudication Mechanism
133(9)
4.1 Adjudication Forum: Arbitration or an Investment Court?
134(1)
4.2 Selection of Adjudicators: by Disputing Parties or by Treaty Parties?
135(2)
4.3 The Role of the Joint Committee in Dispute Settlement: Influential or Decisive?
137(2)
4.4 Procedural Transparency: Default or Exceptions?
139(1)
4.5 An Appeal Mechanism: Necessary for the EU-China CAI?
140(2)
5 Local Remedies
142(1)
6 Conclusion
143(21)
6 Towards a Comprehensive Dispute Settlement System under the EU-China Comprehensive Agreement on Investment
164(14)
1 Introduction
164(1)
2 The System for SSDS under the EU-China CAI
165(4)
2.1 The Different Objectives and Procedural Features of Diverse Mechanisms for State-to-State Dispute Settlement
165(2)
2.2 The Blurring Line between Amicable and Adjudicative Dispute Settlement Mechanisms
167(1)
2.3 Learning from the Dispute Settlement Mechanisms for International Trade
168(1)
3 The Comprehensive System for Investment Dispute Settlement under the CAI
169(4)
3.1 The Separation and Connection between State-State Dispute Settlement and Investor-State Dispute Settlement
170(1)
3.2 Combining the State-State Dispute Settlement System and the Investor-State Dispute Settlement System
171(2)
4 Conclusion
173(5)
7 Conclusion
178(3)
Index 181
Chunlei Zhao is a researcher at the Institute for International Dispute Settlement at Tsinghua University, China. She received her PhD from Maastricht University, the Netherlands in 2020. Her research focuses on international trade and investment law and international dispute resolution. She was a visiting scholar at the Max Planck Institute Luxembourg for International, European, and Regulatory Procedural Law and the Max Planck Institute for Comparative Public Law and International Law. She has internship experience at the International Centre for Settlement of Investment Disputes (ICSID) and the Permanent Court of Arbitration (PCA). She is also a practising lawyer in mainland China.