China Africa Dispute Settlement
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China Africa Dispute Settlement
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Author : Won Kidane
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-11-02
China Africa Dispute Settlement written by Won Kidane and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-02 with Law categories.
The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.
Managing Business Disputes In Today S China
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Author : Michael J. Moser
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2007-01-01
Managing Business Disputes In Today S China written by Michael J. Moser and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Business & Economics categories.
With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.
China And International Dispute Resolution In The Context Of The Belt And Road Initiative
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Author : Wenhua Shan
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
China And International Dispute Resolution In The Context Of The Belt And Road Initiative written by Wenhua Shan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-18 with Business & Economics categories.
The first comprehensive study of China's role in international dispute resolution in the context of the 'Belt and Road Initiative'.
China The Eu And International Investment Law
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Author : Yuwen Li
language : en
Publisher: Routledge
Release Date : 2019-11-11
China The Eu And International Investment Law written by Yuwen Li and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-11 with Business & Economics categories.
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.
Settlements Of Trade Disputes Between China And Latin American Countries
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Author : Dan Wei
language : en
Publisher: Springer
Release Date : 2015-07-06
Settlements Of Trade Disputes Between China And Latin American Countries written by Dan Wei and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-06 with Law categories.
Presenting a wealth of highly original and innovative analyses and case studies, this book examines the strategic ties between various emerging economies, their different approaches to finding mutual trade solutions, and new trends in the use of contingent protection. The research methodology can also be applied to the study of specific Latin American countries or other developed or developing states in comparison to China. The book presents new theories and offers a valuable template for further studies in this area. Further, the application of the New Haven approach can further develop the studies' potential to offer guidance in a broader context.
Dispute Resolution In The People S Republic Of China
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Author : Zhiqiong June Wang
language : en
Publisher: BRILL
Release Date : 2019-12-02
Dispute Resolution In The People S Republic Of China written by Zhiqiong June Wang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-02 with Law categories.
This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
Consultation Within Wto Dispute Settlement
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Author : Qi Zhang
language : en
Publisher: Peter Lang
Release Date : 2007
Consultation Within Wto Dispute Settlement written by Qi Zhang and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
This book provides a comprehensive study of consultation procedures within the dispute settlement system of the World Trade Organization. It offers in-depth analysis of diplomatic practices relating to what has been a poorly explored and researched part of the Dispute Settlement Understanding. Findings are supported by interviews with representatives of several Member States. The author analyses its relationship to panel proceedings and uses comparative studies with other parts of international law. The study particularly focuses on a Chinese perspective which has placed strong emphasis upon consultation and negotiated settlements. With its theoretical and practical insights, the book will be of equal use to scholars, diplomats and government officials alike.
Toward A New Framework For Peaceful Settlement Of China S Territorial And Boundary Disputes
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Author : Junwu Pan
language : en
Publisher: BRILL
Release Date : 2009-02-23
Toward A New Framework For Peaceful Settlement Of China S Territorial And Boundary Disputes written by Junwu Pan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-23 with Law categories.
This book offers a legal perspective of settlement of China’s territorial and boundary disputes against the new background of China’s increasingly integrating itself into global economic, political and legal systems.
Legal Protection And Sustainability Of Chinese Investments In Africa
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Author : Xiuli Han
language : en
Publisher: Springer Nature
Release Date : 2022-08-26
Legal Protection And Sustainability Of Chinese Investments In Africa written by Xiuli Han and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-26 with Law categories.
This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.
Conflict Management And Dispute Settlement In East Asia
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Author : Ramses Amer
language : en
Publisher: Routledge
Release Date : 2016-05-23
Conflict Management And Dispute Settlement In East Asia written by Ramses Amer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.