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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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OECD's Multilateral Agreement on Investment: A Chinese Perspective - A Chinese Perspective (Hardcover)
Loot Price: R4,010
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OECD's Multilateral Agreement on Investment: A Chinese Perspective - A Chinese Perspective (Hardcover)
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This text makes detailed analyses and comments on the MAI from the
perspective of a Chinese scholar. The author believes that the
"behind closed doors" process of MAI negotiations is unacceptable
for developing countries, NGOs, and civil societies, and is
inadvisable for any future negotiations on investment rules. The
substantive contents of the MAI which include the definition of
investor and investment, treatment of foreign investors and
investments, treatment for investment protection, and the dispute
settlement mechanism are of high standards that render them
unreachable and unacceptable for developing countries. The nine
chapters of the book include: an introduction; An analysis of the
background of the MAI negotiations which briefly reviews the
process and results of the negotiations and makes the author's
comments on the negotiations; an analysis and evaluation of the
main features of MAI provisions and the approaches adopted by the
MAI; An exploration of the scope of application of the MAI through
the analysis of the respective definition of investor and
investment in the MAI, and points out that the purpose of broad
definition is to broaden the MAI's scope of application; An
analysis and comment on the MAI's general principles of treatment
accorded to foreign investors and their investments, and points out
that the MAI's provisions in this regard have negative impacts on
developing countries; An introduction to the MAI's specific rules
of treatment accorded to foreign investors and their investments in
such new areas of international investment as performance
requirements, investment incentives, key personnel, privatization,
as well as monopoly, state enterprises and concessions. There is
also: an analysis and commentary on the MAI's treatment provisions
on investment protection, that is, the fair and equitable treatment
and full and constant protection and security treatment as the
general treatment, and the specific treatment with regard to
expropriation and compensation, protection from strife and
transfers; an introduction to and evaluation of the MAI's dispute
settlement mechanism: the state-state procedure and the
investor-state procedure, and; a conclusion.
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