Affiliation:
1. Institute for European Studies, Free University of Brussels Brussels Belgium
Abstract
Abstract
The European Union and China have been negotiating an investment agreement with a comprehensive scope including the improvement of market access conditions for investors. Albeit a pressing issue, progress has been plagued with challenges. The problems regarding access especially to Chinese markets can be overcome by approaching the issue from the viewpoint of a key legal provision, namely (pre-establishment) national treatment, which must be incorporated into the treaty in a careful and balanced, yet ambitious manner. The present article examines how this provision can be formulated in investment treaties to augment the law governing market access. It therefore reviews the past investment law practices involving each party and establishes the legal obstacles for the Comprehensive Agreement on Investment, and possible solutions. It concludes that while older investment agreements can serve as building blocks for the agreement, they also present legal issues ranging from interpretative problems to questions about domestic reforms.
Subject
Law,General Economics, Econometrics and Finance,Political Science and International Relations,Business and International Management
Cited by
2 articles.
订阅此论文施引文献
订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献