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Acknowledgements »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Appendices »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Appendix VI (c) Australia BIT 1988 »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

I Books and Articles »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Appendix VIII China’s Notification of Class of Dispute to the ICSID »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Chinese Investment Treaties: Policies and Practice »

Norah Gallagher, Wenhua Shan

Appendix II Chinese Model BIT Version I »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Appendix III Chinese Model BIT Version II »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Appendix IV Chinese Model BIT Version III (Current) »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

9 Conclusions: Towards A New Model Investment Treaty For China »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan
This chapter begins with a general assessment of the existing Chinese investment treaties. It then considers the general considerations and specific changes for a New Model investment treaty. It argues that now is the right time for China to consider seriously a more sophisticated, forward-looking model investment treaty of its own, rather than merely following the prototypes developed by European states as it has done so far. The New Model promotes a balanced approach towards investment protection, since recent moves around the world have demonstrated that the traditionally one-sided investment treaty model cannot be sustained.

Contents »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Contents–Summary »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Appendix V Draft New Model BIT »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Part II Investor-State Arbitration in the Energy Sector, 11 ECT and Renewable Energy Disputes »

Norah Gallagher
From: International Arbitration in the Energy Sector
Edited By: Maxi Scherer
This chapter discusses the Energy Charter Treaty (ECT) and renewable energy disputes in more detail. It begins with an overview of the framework of national and international regulations in the renewable energy sector. Next, the chapter looks at a recent series of ECT cases filed by investors in the renewable (predominantly solar) energy sector against Bulgaria, the Czech Republic, Italy, and Spain. The chapter compares this recent wave of arbitrations in the renewables sector with the first arbitration award rendered under the ECT, which also concerned incentives to encourage investments for cleaner energy. It concludes with reflections on whether Italy's decision to withdraw from the ECT was influenced by these most recent cases filed against it.

7 Expropriation and Compensation »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan
Expropriation is a core element of the international legal regime relating to foreign investment. The international law relating to expropriation has evolved rapidly within the context of the modern framework for foreign investments, including multilateral treaties, bilateral investment treaties (BITs), and domestic foreign investment laws. This chapter examines the scope and definition of expropriation in the treaties and case law. It reviews how the provisions on expropriation in China's BITs have evolved and considers their scope, and whether they cover indirect or regulatory expropriation which tribunals are more often faced with today. The majority of claims are for indirect or regulatory expropriation and this has prompted states to include provisions in their Model BITs excluding non-discriminatory regulatory actions by a state implemented in the interest of public health, safety, and the environment. The chapter considers the conditions of a lawful expropriation as it is an accepted principle that expropriation is not illegal. Finally, it looks at the level of compensation awarded for an expropriation, one of the more important aspects of this standard of protection.

3 Fair And Equitable Treatment »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan
Like other bilateral investment treaties (BITs), Chinese BITs establish a set of general standards of treatment accorded to foreign investors by the host state. The most commonly found general standards of treatment include fair and equitable treatment (FET), (full) protection and security (PNS), most favoured nation treatment (MFN), and national treatment (NT). The first two belong to the group of non-contingent standards (or so-called “absolute standard of treatment”), whilst the latter two are forms of contingent standards (or “relative standards of treatment”). Absolute standards do not depend on treatment granted to other investors. In contrast, the relative standards are contingent on treatment given to other categories of investors, nationals of the host state in the case of NT and investors from third states for the MFN. This chapter begins with an examination of the FET standard, focusing on the different approaches of interpretations that have been developed in theory and in arbitration practice. It then analyzes the standard under Chinese BITs and assesses the implications of its standard format and any variations.

General Editor’s Preface »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Appendix VI (g) Germany BIT 2003 »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Appendix VII ICSID Convention »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan

Index »

From: Chinese Investment Treaties: Policies and Practice
Norah Gallagher, Wenhua Shan