Legal Protection and Sustainability of Chinese Investments in Africa: Under the Concept of International Investment Rule of Law

ISBN-13: 9789811918810 / Angielski / Twarda / 2022

Xiuli Han

Opis

This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.

Spis treści

Chapter 1  Introduction

1.1    Research Background, Research Object and Research Question

1.2    Research Justification: Practical Implication and Theoretical Implication

1.3    Literature Review

1.4    Research Methodology

Chapter 2 Setting Forth the Analytical Framework Based on the International Rule of Law and International Investment Rule of Law

2.1 International Rule of Law from Ideal to Reality

2.2 International Rule of Law as a Tool to Constrain Power

2.3. International Rule of Law as a Tool to Protects Private Rights

2.4 The Evolution and Effect of International Investment Rule of Law

Chapter 3 Applying the Analytical Framework to African Investment Measures and Investor Obligations in Awards of ISDS Arbitral Tribunals

3.1 Definition of Investment Measure and Measures Caused Dispute

3.2 Dispute Caused by Investment Measures of the African Host State

3.3 Dispute related to Investor Obligations to the African Host State

Chapter 4 Applying the Analytical Framework to An overall appraisement of African international investment rule of law

4.1 African Investment Rule of Law at Bilateral Level

4.2 African Investment Rule of Law at Regional level

Chapter 5 Applying the Analytical Framework to the Development of International Investment Rule of Law between China and Africa

5.1 An Overall Assessment of China’s Practices of IIAs

5.2 General Observations of IIAs between China and African Countries

5.3. Investment rule of law under China-Africa IIAs

Chapter 6 Applying the Analytical Framework to the Development of China-African Investment Rule of Law

6.1       Chinese innovative economic engagement against neo-colonialism in Africa

6.2 Exploring the road of international Investment rule of law under the concept of China-Africa Community with a Shared Future

6.3 Conclude China-Africa IIAs Based on International Investment Rule of Law of South-South Cooperation Orientation

6.4 Take Investment Issue in African Regional Economic Integration Seriously

6.5 Promote the Development of China’s Outbound Investment Rule of Law

O autorze

Prof. Dr. Xiuli Han received her LLB and LLM from Northeast Normal University in 1994 and 1997, and LL.D. from Xiamen University in 2006. She has been working at Xiamen University Law School since 2006. She has been a visiting scholar at New York University Law School, Max Planck Institute for Comparative Public Law and International Law, Stellenbosch University, University of South Africa and Virginia University. She has memberships at International Law Association, Council of Chinese Society of International Law, Council of Chinese Society of International Economic Law, and Executive Council of Chinese Society of WTO Law. Prof. Han’s academic area focuses on international economic law and her two representative monographs are The Principle of Proportionality in WTO and Environmental Protection Involving Chinese Overseas Investment: From the Perspective of International Investment Law.