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Cited by 14 publications
(10 citation statements)
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“…For instance, Chinese BITs required that most disputes be settled by local Chinese courts; only disputes concerning the amount of compensation due in cases of state expropriation could be referred to international arbitration . Second‐generation BITs, constructed from 1998 to the present, are much less restrictive, providing for postestablishment national treatment, and allowing foreign investors to bring a much wider array of disputes to international arbitration, effectively evolving in tandem with China's growing economic sophistication.…”
Section: United States–china Bit Case Studymentioning
confidence: 99%
See 2 more Smart Citations
“…For instance, Chinese BITs required that most disputes be settled by local Chinese courts; only disputes concerning the amount of compensation due in cases of state expropriation could be referred to international arbitration . Second‐generation BITs, constructed from 1998 to the present, are much less restrictive, providing for postestablishment national treatment, and allowing foreign investors to bring a much wider array of disputes to international arbitration, effectively evolving in tandem with China's growing economic sophistication.…”
Section: United States–china Bit Case Studymentioning
confidence: 99%
“…Notably, though, in addition to utilizing the third‐generation approach in recent BITs, China has also utilized the approach in most of its preferential trade agreements that include comprehensive rules on investment . Seemingly modeled in part on an approach currently being used by NAFTA members, China's third‐generation BITs aim to “strike a better balance between the rights of the investor and the host state.” Fair and equitable treatment in accordance with customary international law continues to be guaranteed, but MFN and national treatment are conditioned upon “like circumstances.” In addition, China's intentions regarding investor–state dispute resolution and MFN treatment are made explicit. For example, the China–New Zealand preferential trade agreement states that the MFN clause “does not encompass a requirement to extend to investors of the other Party dispute resolution procedures.” Likewise, in the China–Canadian BIT, China's most recently signed BIT as of early 2014, Article 5(3) provides that MFN treatment “does not encompass the dispute resolution mechanisms.” Moreover, both the China–New Zealand and China–Canada agreements include more “elaborate” investor–state dispute resolution sections than China's second‐generation BITs…”
Section: United States–china Bit Case Studymentioning
confidence: 99%
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“…254 And more particularly, "[i]f the framers were minded to shield misconduct outside of office, they knew well enough how to limit undesirable facets of 'high crimes and misdemeanors.'" 255 For example, the framers could have used the phrase "corrupt, oppressive and other grave misconduct in office" instead of the particular phrase they chose. 256 At the most simple level, the Constitution says that Congress may impeach and remove a president for "high crimes and misdemeanors," not "high crimes and misdemeanors occurring in office.…”
Section: Under the Us Constitution Impeachment Is Permissible Fmentioning
confidence: 99%
“…83 A resurgence of interest in legal pluralism, the recognition that In his fascinating study of diamond merchants 84 in New York City, 85 Barak Richman investigates how it is that a diamond merchant will hand over hundreds of thousands of dollars worth of diamonds against a promise to pay at a later date, essentially a sale on credit. What precludes industry participants from taking advantage of these "extraordinarily lucrative opportunities...to cheat"?…”
Section: The Case Of Oral Contractsmentioning
confidence: 99%