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Legal Dimensions of China's Belt and Road Initiative

Legal Dimensions of China's Belt and Road Initiative (includes FREE one year access of ONLINE version)

  • Author:
  • Publisher: Wolters Kluwer (HK) (formerly CCH)
  • ISBN: 9789887741206
  • Published In: November 2016
  • Format: Paperback + eBook , 696 pages
  • Jurisdiction: Asia, China, Europe, International, Middle East ? Disclaimer:
    Countri(es) stated herein are used as reference only

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    *** Special Promotion: Buy PRINT version (i.e. hard copy) will get FREE one year access to e-Book version ***

     

    The Belt and Road (B&R) initiative was announced by China's President Xi Jinping in 2013 and has been a topic of broad discussion at all levels since then. Despite the fact that its tremendous significance for local, regional and global developments is widely acknowledged the precise scope, aims and even the participating countries of the initiative are not yet clearly defined.

    This book discusses related aspects comprehensively from the legal point of view. It paints a fascinating picture of the multi-facetted legal character of the B&R initiative and establishes a framework for future research and a basis for policy initiatives, legislative projects as well as practical legal services on the ground.

    The 24 Chapters of the book are authored by leading experts in their respective fields. They address a great variety of B&R topics with a focus on China and its rapidly increasing outward activities

    The book provides a comprehensive theoretical analysis as well as up-to-date practical guidance on legal questions arising out of the B&R initiative. It is a must-have not only for China experts, but for everybody involved in globalization and cross-border work be it in academia, politics, media, business or the legal profession.

     

    Topics covered:

    1. general background of the B&R initiative;
    2. trade, investment and tax;
    3. banking and finance within B&R;
    4. labour standards and migration;
    5. IP and cyber law;
    6. energy law;
    7. B&R effects on China’s legal system;
    8. the role of Chinese law and practice for other B&R jurisdictions;
    9. the significance of Chinese law for the B&R initiative.
  • Part I - Background

    Chapter 1: China’s “Belt and Road” Initiative – An Introduction

    Chapter 2: Legal and Regulatory Risks of “Belt and Road” Countries: An Index-based Approach

    Chapter 3: Turning Current Scepticism into Future Success: Observations on the Cooperation between China and Pakistan

    Chapter 4: Doing Business in Iran - A Case Study of Business Risks in an OBOR Country

    Chapter 5: The Belt and Road – Hot Inside and Cold Outside? A Position Essay

     

    Part II – Trade, Investment and Tax

    Chapter 6: Unimpeded Trade? The Significance of Free Trade Areas to the Belt and Road Initiative of the People’s Republic of China

    Chapter 7: “One Belt, One Road” and China’s Outbound Investment Regime

    Chapter 8: “One Belt, One Road” and Chinese Investment

    Chapter 9: Merger and Acquisition Control of China’s Outward Investments

    Chapter 10: National Economic Security and the “Belt and Road” Initiative

    Chapter 11: Will China’s Outward Initiatives Impact on China’s Tax Law System?

     

    Part III – Banking and Finance

    Chapter 12: The “One Belt, One Road” Initiative, the Renminbi Internationalisation Strategy and Neo-global Financial Governance

    Chapter 13: Financial Infrastructure of B&R: The Asian Infrastructure Investment Bank – Governance Issues

     

    Part IV – Labour and Migration

    Chapter 14: Labour Standards along “One Belt, One Road”

    Chapter 15: Migration, the Law and “One Belt, One Road”

     

    Part V – IP and Cyber Law

    Chapter 16: The New Silk Road to Global IP Landscape

    Chapter 17: Cyber Law and China’s New Global Presence: Current Status and Further Development of E-commerce Law in China

     

    Part VI – Energy Law

    Chapter 18: The “Belt and Road” Initiative and its Effects on China’s Energy Law

     

    Part VII – The Belt & Road Initiative and China’s Legal System

    Chapter 19: The “Belt and Road” Initiative and Legal Education in China

    Chapter 20: China’s New Global Presence and Its Position towards Public International Law: Obeying, Using or Shaping?

    Chapter 21: One Belt, One Road: Many Routes for Transnational Crime and its Suppression in China

    Chapter 22: Audacity and Dilemma – China’s One Belt, One Road Initiative and Xi Jinping’s Anti-corruption Campaign

    Chapter 23: The Significance of B&R for China’s Legal Profession

    Chapter 24: The Flexibility of Chinese Law – Trick or Treat for the “Belt and Road” Initiative?

  • AHL Björn

    Björn Ahl is Professor and Chair of Chinese Legal Culture at the Institute of East Asian Studies of Cologne University. His main areas of research include Chinese and comparative public law, Chinese practice of public international law, judicial reforms, legal culture and legal transfer. His most recent book is Justizreformen in China (Nomos 2015). Björn Ahl studied law and Chinese language at Heidelberg University and Nanjing University. He held positions at the Max Planck Institute of Comparative Public Law and International Law in Heidelberg, the Sino German Institute of Legal Studies at Nanjing University, the City University of Hong Kong and the China EU School of Law at the China University of Political Science and Law in Beijing.

     

    BATH Vivienne

    Vivienne Bath is Professor of Chinese and International Business Law at Sydney Law School, Director of the Centre for Asian and Pacific Law and Director of Research of the China Studies Centre Research Committee at the University of Sydney. Her teaching and research interests are in international business and economic law, private international law and Chinese law. She has first class honours in Chinese and in law from the Australian National University, and an LLM from Harvard Law School. She has also studied in China and Germany and has extensive professional experience in Sydney, New York and Hong Kong, specialising in international commercial law, with a focus on foreign investment and commercial transactions in China and the Asian region. Representative publications include: Burnett and Bath, Law of International Business in Australasia, Federation Press 2009; Bath, V, ‘Foreign investment, the national interest and national security – foreign direct investment in Australia and China,’ (2012) 34 Sydney Law Review 5-34 and Bath, V, ‘China and international investment policy – the balance between domestic and international concerns’ in Toohey, Picker and Greenacre (eds) China in the International Economic Order: New Directions and Changing Paradigms (2015) Cambridge University Press, New York, 227-224. Professor Bath speaks Chinese (mandarin) and German.

     

    CAI Lidong

    Lidong Cai is Professor of Law and Dean of the Jilin University Law School. He is also Research Fellow of the National Collaborative Innovation Centre on Judicial Civilization, Director of Jilin University Centre for Applied Research on Judicial Data, and Secretary-General of the Law Division, PRC Ministry of Education Commission on Social Sciences. Professor Cai has been named as Chang Jiang Scholar, and he is also ChangBaiShan Distinguished Chair Professor of Jilin Province. His research interests include general principles of civil law, property law, and company law.

     

    CHAN Jenny

    Jenny Chan (LLM, LLB and MSc in China Business Studies) is a Research Assistant and PhD candidate at the Faculty of Law of The Chinese University of Hong Kong. She is the co-author (with Professor Lutz-Christian Wolff) of the recently released book “Flipped Classrooms for Legal Education”. Her research interest includes innovative assessment methods and outcome-based approach in legal education. She is also conducting research in Chinese investment law and Chinese customary law. Prior to taking up her current position, she was a manager working in a Japanese multinational company, specialising in logistics and business planning.

     

    CZOSKE Pilar Paz

    Pilar Paz Czoske is a PhD candidate and Research Assistant at the Institute of East Asian Studies, University of Cologne. She is working on her PhD dissertation titled: Chinese Courts as Lawmakers. Pilar Czoske completed her first state examination in law with distinction in 2015 and received her Master’s degree in Chinese Regional Studies and Law (University of Cologne) in 2016. In preparation for her second state examination in law, she is serving as a legal clerk in the Cologne district court since 2015.

     

    HUANG Ningning Henry

    Mr. Huang is the managing partner of Grandall Law (Shanghai) Firm with special expertise in the practice areas of cross-border investments and financial services. Mr. Huang has rich experience in advising clients on foreign direct investment (greenfield and M&A transactions) in China as well as Chinese outbound investments, including due diligence, pre- and post-deal negotiations and (re-)restructuring. His work in the financial sector focuses on regulatory advice in the insurance, banking and financial innovations sectors. He also has represented clients in corporate and commercial negotiations, litigation and arbitration. He has in-depth knowledge of the new China Pilot Free Trade Zones in Shanghai, Guangdong, Tianjin and Fujian. He also leads the service team of Grandall on the One Belt One Road initiative.

     

    KNITTLMAYER Norbert

    Dr. Norbert Knittlmayer is an international partner of Marccus Partners based in Düsseldorf (Germany). He has more than 20 years of experience of practice in international commercial and corporate law with a special emphasis on structuring cross-border investments, M&A transactions, and the establishment of joint ventures. Norbert Knittlmayer advises German companies in transactions and investments, particularly in Asia, Eastern Europe, Iran, and North America. Furthermore, he assists Chinese companies on their business in Europe.

     

    LEE Jyh-An

    Jyh-An Lee is an Assistant Professor of Law at the Chinese University of Hong Kong. He holds a J.S.D. from Stanford Law School and an LL.M from Harvard Law School. Dr. Lee has extensively published in English and in Chinese on various aspects of intellectual property and Internet law. During his studies at Stanford Law School, Dr. Lee was appointed as the John M. Olin Fellow in Law and Economics. Prior to joining the Chinese University of Hong, he taught at National Chengchi University and was an Associate Research Fellow in Center for Information Technology Innovation at Academia Sinica in Taiwan. He was the Legal Lead and Co-Lead of Creative Commons Taiwan (2011-2014) and an advisory committee member for Copyright Amendment in the Taiwan Intellectual Property Office (TIPO) at the Ministry of Economic Affairs (2011-2014). Dr. Lee is currently a member of the advisory board of the European Center for E-Commerce & Internet Law affiliated with University of Vienna. He has served as a domain name dispute resolution panelist appointed by the Asian Domain Name Dispute Resolution Centre (ADNDRC) since 2016. Before starting his academic career, he was a practicing lawyer in Taiwan specialising in technology and business transactions.

     

    LI Shanmin

    Shanmin Li is Professor of Finance at the Sun Yat-Sen University (SYSU), China. He currently serves as Vice-President of the SYSU, and Director of the SYSU’s Institute on Free Trade Zones. Professor Li is specialized in mergers and acquisitions, and foreign acquisitions and industrial security. He has published a number of monographs, including An Empirical Study on M&As and Reorganizations of Chinese Listed Companies.

     

    MIAO Michelle

    Michelle Miao is Assistant Professor at the Faculty of Law, The Chinese University of Hong Kong. She was a British Academy Postdoc Research Fellow at University of Nottingham, School of Law, a Global Research Fellow at New York University, School of Law and a Howard League post-doctoral fellow at Oxford University’s Centre for Criminology. Her research interests are the intersections between the domains of criminology, human rights, socio-legal studies and international law. Her doctoral thesis (2013) presents material from one of the first empirical studies on China’s recent death penalty reform under the influences of international human rights law. The core empirical component of the thesis was a series of elite interviews with penal professionals at national and lower levels in China, including judges, prosecutors, and legislators, who are proximate to the sources of information held by state authorities, or closely involved in the day-to-day administration of capital punishment. Michelle holds a doctoral degree from University of Oxford and two Masters Degrees, one from Renmin University of China Law School and the other from New York University Law School.

     

    SHEN Wei

    Wei Shen is Dean and Professor of Law at Shandong University Law School; PhD (LSE), LLM (Cantab), LLM (Michigan), LLM & LLB (ECUPL). He is a lawyer qualified in New York practising for a decade, mostly in Hong Kong, on foreign direct investment, private equity and mergers and acquisitions. His main research interests include financial regulation, corporate governance, international investment law and commercial arbitration. Professor Shen has published more than 130 articles in Chinese and English journals, and is the author of the books: Rethinking the New York Convention – A Law and Economics Approach (Cambridge: Intersentia 2013), The Anatomy of China’s Banking Sector and Regulation (Wolters Kluwer 2014), How Is International Economic Order Shaped? – Law, Markets and Globalisation (China Law Press 2014), Corporate Law in China: Structure, Governance and Regulation (Sweet & Maxwell 2015), Investor Protection in Capital Markets – The Case of Hong Kong (Sweet & Maxwell 2015), Shadow Banking in China: Risk, Regulation and Policy (Edward Elgar 2016). Professor Shen is an arbitrator with Hong Kong International Arbitration Centre, Shanghai International Arbitration Centre, Shanghai Arbitration Commission, and Shenzhen International Court of Arbitration. He is also the Global Professor of Law, New York University School of Law, and the BFLC Adjunct Professor of Law, National University of Singapore.

     

    SPRICK Daniel

    Daniel Sprick is a Research Associate at the Chair of Chinese Legal Culture at the University of Cologne, where he teaches a variety of courses on Chinese legal history and Chinese economic and commercial law. He received his PhD from the East Asian Institute at the same university on the limits of self-defense in Chinese criminal law. His research has focused on Chinese criminal law, competition law, law and society, legal theory and judicial reforms in China.

     

    TIAN Chenyue Terri

    Miss Tian is the researcher at the Grandall B&R Research and Service Center. She is a graduate from the Faculty of Law, East China University of Political Science and Law and now supports the client work of Grandall Law Firm in the context of the One Belt and One Road Initiative.

     

    VILLALTA PUIG Gonzalo

    Gonzalo Villalta Puig is Professor of Law at The Chinese University of Hong Kong and Outstanding Fellow of its Faculty of Law, where he is Associate Dean (Research). He is an Overseas Fellow of the Australian Academy of Law and a Fellow of the European Law Institute. Prof Villalta Puig is convenor of the Research Group for Constitutional Studies of Free Trade and Political Economy of the International Association of Constitutional Law and a member of the Study Group on Preferential Trade and Investment Agreements of the International Law Association. He is Secretary of the Hong Kong Branch of the International Law Association. Prof Villalta Puig is Associate Editor of the Global Journal of Comparative Law (Brill Nijhoff).

     

    WAN Ziqiang

    Wan Ziqiang, PhD, is a post-doctorate research fellow under a programme jointly developed by GF Securities Limited and Shanghai Jiao Tong University. Dr. Wan completed his doctoral degree in finance and investment at Sun Yat-sen University Business School. His research interests include legal aspects and corporate governance in mergers and acquisitions of listed companies in China, various forms of foreign direct investment and industry security in China, and incentive and human resource management in investment banking.

     

    WANG Yiwei

    Yiwei Wang is Professor of the School of International Relations, Renmin University of China (RUC). He is also Director of the RUC’s Institute of International Affairs, Director of the RUC’s Centre for European Studies, Senior Fellow of the RUC’s National Academy of Development and Strategy, and Senior Fellow of the RUC’s Chongyang Institute of Financial Studies. Professor Wang is formerly Assistant Engineer of Tianjin United Chemical Corporation, Professor of Fudan University Centre for American Studies, and Specially-appointed Professor of Tongji University. He is also a former staff member of the Mission of China to the European Union.

     

    WILLIAMS Mark

    Professor Mark Williams is a Professor of Law at Melbourne Law School, University of Melbourne. He holds an LLB from the University of Bristol and an LLM and PhD from King’s College, London. He is admitted as a solicitor in England and Wales and in Hong Kong. His research and teaching has specialised in competition policy and law for over 20 years with a particular focus on competition issues in China, Hong Kong and the Asian region more widely. He is the Executive Director of the Asian Competition Forum and has acted as a consultant to APEC and ASEAN on competition issues.

     

    WOLFF Lutz-Christian

    Professor Lutz-Christian Wolff is Wei Lun Professor of Law and Dean of Graduate School at The Chinese University of Hong Kong. He has been based in Hong Kong since 1999 after several years of working in Shanghai, Taipei, Düsseldorf, Beijing, New York and Frankfurt. Being admitted to practice as a German attorney-at-law and as a solicitor in England & Wales Professor Wolff works on a regular basis with companies, government entities and law firms on international business transactions in the Greater China region. He has authored numerous books and articles on Chinese and international business law, private international law and comparative law. His most recent work includes Mergers & Acquisitions in China – Law and Practice, 5th ed. (2015), Flipped Classrooms for Legal Education (with Jenny Chan) (2016), The Law of Crossborder Business Transactions (2013), Offshore Holdings for Global Investments of Multinational Enterprises – Just Evil?, Journal of Business Law 6/2015, p. 445 and Flexible Choice-of-Law Rules: Panacea or Oxymoron?, 10 Journal of Private International Law (2014), p. 413.

     

    XI Chao

    Chao Xi is Professor and Outstanding Fellow at the Faculty of Law, The Chinese University of Hong Kong, and he concurrently serves as the Director of the Chinese Law Program, the CUHK Hong Kong Institute of Asia-Pacific Studies. He specialises in comparative corporate law, securities regulation, and financial regulation, with a particular focus on the case of China. His research has received significant funding support from the Hong Kong SAR Government Research Grants Council, the PRC Ministry of Education, and the Sumitomo Foundation. Professor Xi holds various visiting positions at institutions in Asia and Europe. He is Professorial Research Associate of the SOAS China Institute, University of London, and an elected Director (and Treasurer) of the European China Law Studies Association (ECLS). Professor Xi is a Member of the Chartered Institute of Arbitrators (CIArb), UK.

     

    XU Yan

    Dr. Yan Xu is Assistant Professor in the Faculty of Law and Director of the Centre for Financial Regulation and Economic Development at the Chinese University of Hong Kong. She joined the Faculty from the University of Hong Kong where she obtained a doctorate degree and conducted research and teaching. She was a Fulbright Senior Research Scholar 2014-15 and a Visiting Fellow at Columbia Law School in 2014-15 where she conducted a research project on tax reform, the rule of law and representative government. She has held a number of international academic scholarships at institutions which include the University of Cambridge, New York University, the University of Melbourne and the University of New South Wales. She has published in a range of international journals, presented papers at international and regional conferences, and is often invited as referee for law journals and books. Her research interests include Comparative Tax Law and Policy, Tax History, and International Taxation.

     

    ZHANG Libin

    Zhang Libin is the senior partner in Broad & Bright specialzing in foreign direct investment, cross-border M&A, energy law and dispute resolution. He is licensed to practice in the PRC and the State of New York. Mr. Zhang holds a J.D. from The University of Texas at Austin School of Law. He worked in several prestigious U.S. law firms as associate and partner. He had experience in leading M&A in Siemens Ltd., China as the head of Legal M&A, Asia & Australia. Mr. Zhang is arbitrator at the China International Economic and Trade Arbitration Commission (CIETAC) and Beijing Arbitration Commission/ Beijing International Arbitration Center. Mr. Zhang is also a member of the Association of International Petroleum Negotiators (AIPN). He is on the advisory board of the Kay Bailey Hutchison Energy Center of The University of Texas at Austin School of Law, and is also the Deputy Director of PKU Energy Law and Policy Research Institute. Mr. Zhang teaches as an adjunct professor at the China University of Political Science and Law, the Law School of the University of International Business and Economics and the Law School of Beijing Foreign Language Studies University. He is a senior member of the China Energy Law Society. He is also the appointed reporter of the annual observation reports on energy disputes in China (sponsored by Beijing Arbitration Commission). He is also one of the authors of reports in 2015 on China’s energy reform and energy law for the NDRC. In 2016, he just finished a research report for the PRC Ministry of Land and Resources, reviewing oil and gas mineral rights contracts in U.S., UK, Norway, Canada, Australia, Brazil and Mexico and proposing a model contract for China’s oil & gas mineral rights grant contract. He has published many articles on PRC laws and regulations and lectured in various forums and seminars on M&A and energy topics. Representative publication include American Contract Law: Cases, Rules and Value Norms (Law Press China, 2007); co-translator of Mergers & Acquisitions in the United States: A Practical Guide for Non-U.S. Buyers (Chinese Financial&Economic Publishing House, 2011), Lawyers’ Latin, a Vade-Mecum (Law Press China, 2009) and Energy Law (West Nutshell Series, 2nd ed.) (Law Press China, 2007).

     

    ZHAO Yun

    Prof. Zhao Yun is Professor and Head of Department of Law at the University of Hong Kong; PhD (Erasmus University Rotterdam); LLM (Leiden University); LLM & LLB (China University of Political Science and Law). He is currently Director for the Center for Chinese Law. Prof. Zhao also served as Chen An Chair Professor in International Law at Xiamen University (2015) and Siyuan Scholar Chair Professor at Shanghai University of Foreign Trade (2012-14). He is listed as arbitrator in several international arbitration commissions. He is also founding Council Member of Hong Kong Internet Forum (HKIF), Member of the International Institute of Space Law at Paris, of the Asia Pacific Law Association and of the Beijing International Law Society. He sits in the editorial teams of several SSCI journals, including Hong Kong Law Journal (as China Law editor), Journal of East Asia and International Law (as Executive Editor). He is winner of Prof.Dr. I.H.Ph. Diederiks-Verschoor Award 2006 by International Institute of Space Law in France, the first winner of Isa Diederiks-Verschoor Prize in the Netherlands, and also first winner of SATA Prize by the Foundation of Development of International Law in Asia (DILA). He has published widely on various topics including particularly Dispute Resolution and Space Law. His recent publication include Dispute Resolution in Electronic Commerce (Martinus Nijhoff, 2005), Liberalization of Electronic Commerce and Law (Peking University Press, 2005), Space Commercialization and the Development of Space Law (Intellectual Property Press, 2008), Mediation Practice and Skills (Tsinghua University Press, 2011), National Space Legislation in China: An Overview of the Current Situation and Outlook for the Future (Brill, 2015).

     

    ZOU Mimi

    Dr Mimi Zou is Assistant Professor and Associate Director of the Centre for Rights and Justice at the Faculty of Law, The Chinese University of Hong Kong (CUHK). Mimi also serves as a senior consultant to the International Labour Organization (ILO) China and Mongolia offices. Prior to joining CUHK, Mimi has taught law and social sciences at the University of Oxford, Utrecht University, and University of Sydney. She has worked in legal practice, financial institutions, and the public sector in Asia and Europe for nearly 15 years. Mimi completed her doctoral and master’s degrees in law at Oxford and first class honours degrees in economics and law at Sydney. She is admitted to legal practice in England and Wales and New South Wales, Australia. 

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