Routledge China, the EU and International Investment Law: Reforming Investor-State Dispute Settlement (The Rule of Law in China and Comparative Perspectives)

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. About the Author Yuwen Li is a professor of Chinese law and the director of the Erasmus China Law Centre at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands. Tong Qi is a professor of international economic law and the director of the Centre of Overseas Investment Law at the Law School of Wuhan University, China. Cheng Bian is a researcher at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands.