China's foreign investment law amid evolving international investment rules / Qingjiang Kong.
Kong, Qingjiang.
2023
KNQ3202
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Title
China's foreign investment law amid evolving international investment rules / Qingjiang Kong.
Author
Kong, Qingjiang.
ISBN
9789819921584 (electronic bk.)
9819921589 (electronic bk.)
9819921570
9789819921577
DOI
https://doi.org/10.1007/978-981-99-2158-4
Publication Details
Singapore : Springer, 2023.
Language
English
Description
1 online resource
Item Number
10.1007/978-981-99-2158-4 doi
Call Number
KNQ3202
Dewey Decimal Classification
346.51/092
Summary
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's foreign 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.
Access Note
Access limited to authorized users.
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed September 13, 2023).
Series
Modern China and international economic law.
Available in Other Form
Print version: 9789819921577
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Intro
Chart of Terms (in Both English and Chinese)
Contents
1 The Foreign Investment Law: A Commentary
1.1 General Principles
1.2 Investment Promotion
1.3 Investment Protection
1.4 Investment Management
1.5 Legal Liability
1.6 Miscellaneous Rules
2 The Foreign Investment Regime Change in the Making of the Foreign Investment Law
2.1 The Foreign Investment Regime Since the Enactment of the Foreign Investment Law
2.1.1 Drafting History of the Basic Law for Foreign Investment

2.1.2 The New Legal Framework for Foreign Investment Since the Entry into Force of the Foreign Investment Law
2.2 The Scope of Application of the Foreign Investment Law
2.2.1 Choice of the Chinese Title of the Foreign Investment Law
2.2.2 Scope of Application
2.3 Basic Norms of the Foreign Investment Law
2.3.1 Core Investment System
2.3.2 Investment Promotion
2.3.3 Investment Protection
2.3.4 Investment Management
2.4 The Foreign Investment Law and the Negative List
2.5 The Foreign Investment Law and Enterprise Laws

2.6 The Foreign Investment Law and International Investment Agreements
2.7 Problems Found in the Implementation of the Foreign Investment Law
2.7.1 Institutional Issues
2.7.2 Problems in Practice: The Implementation of National Treatment and Negative List System is not Strict Enough
2.8 The Foreign Investment Law and Its Effect on the Rule of Law in China
2.9 Concluding Remarks
3 Harmonization and Coordination of the Foreign Investment Law with Other Laws and Regulations in the Context of Its Implementation

3.1 Linkage Between the Foreign Investment Law and the Catalogue of Special Management Measures for Admission of Foreign Investment
3.2 Linkage Between the Foreign Investment Law and Relevant Laws, Regulations, and Rules on National Security Review
3.2.1 Definition of Security
3.2.2 Subject of Review
3.2.3 Contents of Review
3.2.4 Security Review and Negative List
3.2.5 National Security Review and Judicial Review
3.3 Harmonization Between the Foreign Investment Law and the Relevant Rules on Foreign Investment Verification and Recordation System

3.4 Relationship Between the Foreign Investment Law and the Company Law and Partnership Law
3.4.1 Conflict Between Foreign-Invested Enterprise Laws and Enterprise Laws
3.4.2 Seamless Connection Between the Foreign Investment Law and the Company Law and Partnership Law
3.5 Relationship Between the Foreign Investment Law and the Contract Law/Civil Code of Contract
3.6 Relationship Between the Foreign Investment Law and the Anti-monopoly Law
3.7 Relationship Between the Foreign Investment Law and the Government Procurement Law

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