University:
University College London
Course:
LAWS0023 | Commercial Law
Academic year:

2024
Views:

128

Pages:

2
Author:

Nam Betz

EUPLANT lecture: The Future of China-EU International Investment Regulation Bilateral Dynamics - - The Comprehensive Agreement on Investment • Agreement concluded "in principle" on December 30, 2020 • 35 rounds of negotiations • 27 bilateral investment treaties • Market-access offers Growing interdependence • 'The current level of bilateral investment between the EU and China is way below what could be expected from two of the most important economic blocks on the planet and the main purpose for these negotiations is the progressive abolition of restrictions on trade and foreign direct investment and to improve access to the Chinese market for EU investors'. • John Clancy, EU Trade Spokesman Substantive Rules And Principles 1. Market Access 2. Transfers of Technology 3. Subsidies 4. State- owned enterprises What Dispute Settlement Under CAI? - CAl does not contain usual disputes mechanism of investment agreements • State to state arbitration • Two Year Period to agree to ISDS - Investment court system (ICS) vs Investor State Arbitration (ISA)? • Most frequent users of the ISDS system are investors from the EU member states • ICS with Canada and Vietnam Three Key Issues 1. CAI crystallises the position of investment treaty relations between the PRC and EU member states 2. Despite being a major innovation, the CAI does not address some issues 3. CAI is an attempt to reconcile bilateralism and multilateralism of the international economic regime with new forms of unilateral economic law.