The Foreign Investment Law of 1950 (excerpts)

1992 ◽  
pp. 263-265

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.


1990 ◽  
Vol 16 (1) ◽  
pp. 3-15
Author(s):  
H. Pivka ◽  
M.E. Coronna

2021 ◽  
pp. 406-425
Author(s):  
Saïda El Boudouhi

At a time where the future of investment law is often reinvented, this exercise of juris-fiction aims at exploring the relationship between the Barcelona Traction judgment and the course of foreign investment law to determine whether there was room for another evolution. Relying on a theoretical approach that combines normativism with legal realism in an original way, the study looks at different turning points in the course of foreign investment law in order to isolate those which appear as contingent, ie those which could have happened as they could have not happened. Such an enquiry leads to assessing the relative weight that the Barcelona Traction case has played in the remarkable expansion of investor-state dispute settlement. After a short introduction, section II introduces the methodology and used concepts. Section III looks at a few events in the history of foreign investment law in order to distinguish what was contingent and what was unavoidable while, at the same time, identifying what could be turning points. After having set the attention on the Barcelona Traction judgment as a contingent turning point among others, section IV further assesses the causality link between the judgment and foreign investment law through an exercise of imagination in which are considered not only the possible but also the likely effects of a different outcome to the case. By way of conclusion, section V suggests that the Barcelona Traction judgment itself, rather than foreign investment law, was, however, so tightly constrained that it could hardly have been different. It however highlights that the same cannot be said of the Diallo judgment, thus showing that contingency is often related to legal indeterminacy.


Author(s):  
Nicolás M. Perrone

The role of the business leaders, bankers, and lawyers who promoted investment treaties and ISDS in the post-World War II period remains controversial. The introductory chapter argues that these norm entrepreneurs and their professional associations created a legal imagination about foreign investment relations which remains alive and well in both international investment law and ISDS awards. Their contribution to the progressive development of the law consisted of ideas as much as practice, particularly the way in which they collated their ideas into a vision of foreign investment relations. The chapter introduces the main features of this legal imagination, including the relevance of certain interpretations of property and contracts. It claims that grasping this imagination calls for a transnational law method, and concludes with an overview of the book.


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