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China (Shanghai) Pilot Free Trade Zone investor-state dispute settlement : an uncertain experiment

Villalta Puig, Gonzalo; Tsam Tai, Sabrina Leung

Authors

Gonzalo Villalta Puig

Sabrina Leung Tsam Tai



Abstract

The China (Shanghai) Pilot Free Trade Zone (PFTZ) is the first free trade zone of the People’s Republic of China (PRC). It seeks to reform the national economy and open it up to foreign investment. This article argues that the suite of legal instruments that establish the PFTZ – the Framework Plan, the Negative List, the Decision, and the Management Method – are legally uncertain and that their legal uncertainty could cause disputes between PFTZ investors and the PRC. To address the problem of legal uncertainty, the article proposes, first, the adoption of a rational connection to the PFTZ as the test for jurisdiction of the PFTZ Court and the PFTZ Court of Arbitration; secondly, the enactment of the Negative List and the Decision as laws in order to clarify their legal status; and, thirdly, a reform of the PFTZ dispute settlement mechanism under the Management Method into an arbitral system.

Citation

Villalta Puig, G., & Tsam Tai, S. L. (2017). China (Shanghai) Pilot Free Trade Zone investor-state dispute settlement : an uncertain experiment. Journal of World Investment and Trade, 18(4), 673-711. https://doi.org/10.1163/22119000-12340055

Journal Article Type Article
Acceptance Date Jan 22, 2017
Publication Date Aug 16, 2017
Deposit Date Apr 10, 2017
Publicly Available Date Mar 29, 2024
Journal Journal of World Investment and Trade
Print ISSN 1660-7112
Electronic ISSN 2211-9000
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Volume 18
Issue 4
Pages 673-711
DOI https://doi.org/10.1163/22119000-12340055
Keywords Foreign investment law; China (Shanghai) Pilot Free Trade Zone; Investor-State disputes
Public URL https://hull-repository.worktribe.com/output/450531
Publisher URL http://booksandjournals.brillonline.com/content/journals/10.1163/22119000-12340055
Additional Information This is the accepted manuscript of an article published in Journal of world investment & trade, 2017. The version of record is available at the DOI link in this record.

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