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This book focuses on an article-by-article interpretation of the Foreign Investment Law of the People's Republic of China, which was adopted on March 15, 2019. It also describes the legislative process of the law and the relationship between the law and other laws and regulations. It also includes a comparison of China's new foreign investment law with representative foreign investment regimes and the interaction between China and evolving international investment rules and the law, with a focus on the impact of evolving international investment rules on the development of China's foreign investment regime.In recent years, the momentum of globalization has continued to grow, and a pattern of economic governance with valorization, regionalization, and benefit sharing has gradually emerged. Amid the emergence of new international investment rules, the Foreign Investment Law of the People's Republic of China, adopted on March 15, 2019, has significantly changed the face of China'sforeign investment regime. Given that China is a major destination for global foreign direct investment flows, its foreign investment regime is a focus of attention for international investors and international lawyers. This book aims to provide a practical legal guide for students of Chinese law, especially Chinese business law, practitioners, and their clients interested in the Chinese market, and observers of international investment law and national investment law practice.
Provides systematic introduction to the Foreign Investment Law of the People's Republic of China Gives a valuable reference for foreign investment in China Includes a comparison of China's new foreign investment law with representative foreign investment regimes
Auteur
Qingjiang Kong has been Full Professor of law since November 2002. He is currently Dean of the School of International Law at China University of Political Science and Law. He is Editor in Chief of The Chinese Journal of Global Governance (Leiden and Boston: Brill). He was heavily involved in the drafting of the first draft of the Foreign Investment Law of the People's Republic of China. He specializes in international economic law, WTO law, and China issues and has published more than 50 articles in international journals. His most recent book is the Interpretation of the Foreign Investment Law of the People's Republic of China (Chinese language version). He teaches international economic law, international trade law, international intellectual property law, and related subjects..
Contenu
Part 1: The Foreign Investment Law and Its Interpretation Article by Article.- Part 2: The Foreign Investment Regime in Practice Since the Entry into Force of the Foreign Investment Law.- Chapter 1 Drafting History of the Basic Law for Foreign Investment.- Chapter 2 The Origin of the Title of the Foreign Investment Law in Chinese.- Chapter 3 Basic Norms of the Foreign Investment Law.-Chapter 4 The Foreign Investment Law and the Rule of Law.- Chapter 5 The Foreign Investment Law and the Negative List.- Chapter 6 The Foreign Investment Law and Enterprise Laws.- Chapter 7 The Foreign Investment Law and International Investment Agreements.- Chapter 8 Concluding Remarks.- Part 3: Harmonization and Coordination of the Foreign Investment Law with other Relevant Laws and Regulations.- Chapter 9 Linkage between the Foreign Investment Law and the Catalogue of Special Management Measures for Admission of Foreign Investment.- Chapter 10 Linkage between the Foreign Investment Law and Relevant Laws, Regulations and Rules on National security review.- Chapter 11 Harmonisation between the Foreign Investment Law and the Relevant Rules on Foreign Investment Verification and Recordation System.-Chapter 12 Relationship between the Foreign Investment Law and the Company Law and Partnership Law.- Chapter 13 The Relationship between the Foreign Investment Law and the Contract Law.- Chapter 14 The Relationship between the Foreign Investment Law and the Antimonopoly Law.- Chapter 15 The relationship between the Foreign Investment Law and the Government Procurement Law.- Chapter 16 The relationship between the Foreign Investment Law and the previous foreign investment-related ministerial rules.- Chapter 17 Negative List and the Negative List for Free Trade Zones.- Part 4: China's Foreign Investment Law from the Comparative Law Perspective.- Chapter 18 Admission of ForeignInvestment.- Chapter 19 National security Review.- Chapter 20 Antimonopoly Review.- Chapter 21 Investment promotion.- Chapter 22 Investment protection.- Chapter 23 Information reporting.- Chapter 24 Concluding Remarks.- Part 5: Interaction between China and International Investment Rules.- Chapter 25 China's Place in the Rapidly Changing Landscape of Global Investment Flow.- Chapter 26 International Investment Rules and Their Development.- Chapter 27 Interaction between China's Foreign Investment Legislation and International Investment Rules.- Chapter 28 The Future Evolution of International Investment Rules and Its Impact on China's Foreign Investment Regime.- Chapter 29 Concluding Remarks.- Appendix 1The Regulations on the Implementation of the Foreign Investment Law.- Appendix 2: Special Management Measures for Foreign Investment Admission (Negative List)2020).- Appendix 3: List of the Normative Documents relating to the Foreign Investment Law.