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International Economic Law and the Challenges of the Free Zones

International Economic Law and the Challenges of the Free Zones

Author: Julien Chaisse; Jiaxiang Hu
Publisher: Kluwer Law International
ISBN: 9789403508931
Published In: May 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
International Economic Law and the Challenges of the Free Zones is of assistance to the future development of economic zones around the world, offering a critical and comprehensive analysis of the dynamic special economic zone (SEZ) phenomenon across legal, economic, investment, regulatory and policy matrices. SEZs have become a permanent feature of the world trade scene. This book shows how SEZs, albeit established at the domestic level by different countries, raise multiple legal issues under international economic law. This book is the product of the Asia FDI Forum IV held in Hong Kong in 2018. It takes a giant step towards answering the question of whether SEZs fundamentally contradict norms of international law or whether SEZs have to be considered as laboratories which facilitate the implementation of international economic policies.

What’s in this book:

Thoroughly exploring the development of the SEZ phenomenon and its players, the contributing authors (all leading economic law experts) review the issues raised by SEZs in the context of international trade law, international investment law and investment arbitration. They identify the extent to which SEZs have been coherent in their design and policymaking, in particular with regard to domestic law reforms. They address such aspects (both core themes and specific examples) as the following:

investment protection in China’s SEZs;

state-owned enterprises regulation;

dispute settlement;

under what circumstances incentives available in SEZs count as export subsidies prohibited under World Trade Organization (WTO) rules;

compliance with internal market rules in European Union free zones;

local populations as victims of land expropriation;

Brazil’s Manaus Free Trade Zone;

India’s experience with multiple SEZs;

the administrative approval system in the Shanghai Free Trade Zone;

economic corridors and transit routes as SEZs;

‘refugee cities’: SEZs for migrants;

how China’s Supreme People’s Court serves national strategy;

how foreign investors challenge free-zone regimes;

impacts of the establishment of SEZs on tax revenues;

SEZs and labour migration; and

management models.

The chapters also include insights into the new emerging generation of international investment agreements; WTO accession, transparency and case law materials clarifying specific trade issues associated with SEZs; and new rules to protect the environment and labour rights, as well as analysis of crucially significant cases such as Goetz v. The Republic of Burundi, Lee Jong Baek v. Kyrgyzstan and Ampal-American and Others v. Egypt.

How this will help you:

This book’s careful examination of theory and practice and its approach to lessons learned from case studies will reward trade and investment officials, policymakers, diplomats, economists, lawyers, think tanks, business leaders and others interested in this evermore important area of law and economics. Readers who are primarily interested in a specific area of SEZs and/or international investment law and/or international trade law and/or FDI-related policies will find multiple chapters relevant to each particular area.
Editors

Contributors

Foreword

CHAPTER 1
International Economic Law and the Challenges of Economic Zones: An Introduction
Julien Chaisse & Jiaxiang Hu

CHAPTER 2
Success Factors and Required Policies for SEZs
Marc Proksch

CHAPTER 3
Investment, Regional Development and Compliance with Internal Market Rules in EU Free Zones: Challenges Ahead
Alessandro Spano

CHAPTER 4
A Special Economic Zone in the Brazilian Amazon Rain Forest: Progress and Hazards of the Manaus Free Trade Zone
Guilherme Vargas Castilhos

CHAPTER 5
India’s Experience with the SEZs: Status, Concerns and Way Forward
Arpita Mukherjee & Avantika Kapoor

CHAPTER 6
The Practice of the Reform of Administrative Approval System in Shanghai Free Trade Zone: Taking the Licenses and Permits Reform as a
Breakthrough Point
Hongzhen Jiang & Haonan Zhong

CHAPTER 7
Mitigating Inequality in the Development of SEZs in Asia: Risks, Rules and Recipes
Matthias Vanhullebusch

CHAPTER 8
Belt and Road Initiative: Economic Corridors, Transit Routes and SEZs – Exploring the Linkages Using the BBSP as a Case Study
Francisco José B. S. Leandro

CHAPTER 9
Special Economic Zones and the Perpetual Pluralism of Global Trade and Labor Migration
Stephen Kim Park

CHAPTER 10
The Law and Policy of Refugee Cities: SEZs for Migrants
Michael Castle-Miller

CHAPTER 11
SEZs under the WTO’s Scrutiny: Defining the Scope of Trade Issues
Sherzod Shadikhodjaev

CHAPTER 12
China’s Free Trade Zones in Its Post-WTO Accession ERA: A Case Study of Shanghai FTZ
Ting Han & Andrew D. Mitchell

CHAPTER 13
Recent Developments of Institutional Arbitration in China: Specialization, Digitalization and Internationalization
Jie (Jeanne) Huang

CHAPTER 14
How the SPC Serves National Strategy and “Makes Law”: The Pilot FTZ’s Opinion and Its Implications
Susan Finder

CHAPTER 15
UNCITRAL: Investor-State Dispute Settlement Reform
Caroline Nicholas

CHAPTER 16
Goetz v. the Republic of Burundi I&II: How Foreign Investors Challenge ‘Free-Zone Regimes’
Olaoye Kehinde

CHAPTER 17
Investment Protection in China’s SEZs: Lee Jong Baek Case Study
Olga Boltenko

CHAPTER 18
Free-Zone Company, Investment Standards and the Arab Spring: A Case Study of Ampal-American and Others v. Egypt
Prabhash Ranjan

Index