Page 82 - 2016_WhitePaper_web
P. 82
6 White Paper on the Business Environment in China
• National treatment for foreign investors; Works Cited
• Prompt, adequate, and effective expropriation processes;
• Transferability of assets between both countries; 1 Stephanie Henry. “Bilateral Investment Treaties: What They Are
• Performance requirements; and Why They Matter.” China Business Review, US-China Busi-
• Investor choice in hiring practices; and ness Council. September 12, 2014. http://www.china-briefing.
• Investor state dispute rights, due process, and mechanisms. com/news/2014/09/12/bilateral-investment-treaties-matter.html
The US-China BIT is essentially a portion of a US model 2 Vicki Needham. “Business leaders call for completion of China
Free Trade Agreement, as all such US FTAs include a chapter investment treaty.” The Hill. October 15, 2014. http://thehill.
on investment. The BIT is made of two components; the text, com/policy/finance/220856-business-leaders-call-for
or main body of the treaty, which includes agreements and
mandates applicable to both US and China, as well as the ap- 3 Richard Silk. “Investment Treaty with China a Top Priority, US
pendices, including the negative lists, which will contain each Ambassador Says.” Wall Street Journal. June 25, 2014. http://
country’s respective restrictions on foreign investment. Being a online.wsj.com/articles/investment-treaty-with-china-a-top-
treaty, the BIT must be approved by Congress, and hence must priority-u-s-ambassador-says-1403682377
contain sufficient compromises on China’s part in order for the
final BIT to pass the bill.7 4 Chen Weihua. “Investment treaty key for US, China.” China Dai-
ly USA. November 20, 2014. http://usa.chinadaily.com.cn/
At the 2014 Strategic Economic Dialogue, US and Chinese us/2014-11/20/content_18950741.htm
negotiators affirmed their commitment to intensifying Bilateral
Investment Treaty Negotiations, setting a goal to “reach agree- 5 “China’s Zhu: Asia Pacific trade deal would be incomplete
ment on core issues and major articles of the text by the end of without Beijing.” Reuters. October 8, 2014. http://www.
2014” and “initiate the ‘negative list’ negotiation in early 2015 reuters.com/article/2014/10/08/us-china-imf-zhu-
based on each other’s ‘negative list’ offers.7 idUSKCN0HX2CY20141008
The broad slate of domestic reforms in the Decisions indi- 6 “TPP is incomplete without China: China’s vice finance minister.”
cates that China knows these reforms are in its own national China Daily. October 9, 2014. http://www.chinadaily.com.cn/
interest and must be achieved, declares Mr. Rosen in his Asia china/2014-10/09/content_18711231.htm
Policy report. It makes sense from China’s perspective to nego-
tiate concessions from abroad for reforms that must be taken 7 Daniel H. Rosen. “Avoiding the Blind Alley: China’s Economic
in any case. However, it is important to recognize that China Overhaul and its Economic Implications.” An Asia Society Policy
is pursuing market-oriented economic reforms for the simple, Report produced in collaboration with Rhodium Group. October
self-interested reason that it is simply a wise thing to do. 7 31, 2014. http://asiasociety.org/files/pdf/AvoidingtheBlindAl-
ley_FullReport.pdf
8 William Mauldin, Mark Magnier. “US, China Make Progress
Toward Trade and Investment Deal.” Wall Street Journal.
September 25, 2015. http://www.wsj.com/articles/u-s-china-
make-progress-toward-trade-and-investment-deal-1443208549
9 Sara Hsu. “The China-US Bilateral Investment Treaty: Next
Week?” The Diplomat. September 18, 2015. http://thediplomat.
com/2015/09/the-china-us-bilateral-investment-treaty-next-
week/
10 Manisha Singh. “Forget The TPP, Let’s Talk About The BIT with
China.” Forbes. June 24, 2015. http://www.forbes.com/sites/
realspin/2015/06/24/forget-the-tpp-lets-talk-about-the-bit-with-
china/
82
• National treatment for foreign investors; Works Cited
• Prompt, adequate, and effective expropriation processes;
• Transferability of assets between both countries; 1 Stephanie Henry. “Bilateral Investment Treaties: What They Are
• Performance requirements; and Why They Matter.” China Business Review, US-China Busi-
• Investor choice in hiring practices; and ness Council. September 12, 2014. http://www.china-briefing.
• Investor state dispute rights, due process, and mechanisms. com/news/2014/09/12/bilateral-investment-treaties-matter.html
The US-China BIT is essentially a portion of a US model 2 Vicki Needham. “Business leaders call for completion of China
Free Trade Agreement, as all such US FTAs include a chapter investment treaty.” The Hill. October 15, 2014. http://thehill.
on investment. The BIT is made of two components; the text, com/policy/finance/220856-business-leaders-call-for
or main body of the treaty, which includes agreements and
mandates applicable to both US and China, as well as the ap- 3 Richard Silk. “Investment Treaty with China a Top Priority, US
pendices, including the negative lists, which will contain each Ambassador Says.” Wall Street Journal. June 25, 2014. http://
country’s respective restrictions on foreign investment. Being a online.wsj.com/articles/investment-treaty-with-china-a-top-
treaty, the BIT must be approved by Congress, and hence must priority-u-s-ambassador-says-1403682377
contain sufficient compromises on China’s part in order for the
final BIT to pass the bill.7 4 Chen Weihua. “Investment treaty key for US, China.” China Dai-
ly USA. November 20, 2014. http://usa.chinadaily.com.cn/
At the 2014 Strategic Economic Dialogue, US and Chinese us/2014-11/20/content_18950741.htm
negotiators affirmed their commitment to intensifying Bilateral
Investment Treaty Negotiations, setting a goal to “reach agree- 5 “China’s Zhu: Asia Pacific trade deal would be incomplete
ment on core issues and major articles of the text by the end of without Beijing.” Reuters. October 8, 2014. http://www.
2014” and “initiate the ‘negative list’ negotiation in early 2015 reuters.com/article/2014/10/08/us-china-imf-zhu-
based on each other’s ‘negative list’ offers.7 idUSKCN0HX2CY20141008
The broad slate of domestic reforms in the Decisions indi- 6 “TPP is incomplete without China: China’s vice finance minister.”
cates that China knows these reforms are in its own national China Daily. October 9, 2014. http://www.chinadaily.com.cn/
interest and must be achieved, declares Mr. Rosen in his Asia china/2014-10/09/content_18711231.htm
Policy report. It makes sense from China’s perspective to nego-
tiate concessions from abroad for reforms that must be taken 7 Daniel H. Rosen. “Avoiding the Blind Alley: China’s Economic
in any case. However, it is important to recognize that China Overhaul and its Economic Implications.” An Asia Society Policy
is pursuing market-oriented economic reforms for the simple, Report produced in collaboration with Rhodium Group. October
self-interested reason that it is simply a wise thing to do. 7 31, 2014. http://asiasociety.org/files/pdf/AvoidingtheBlindAl-
ley_FullReport.pdf
8 William Mauldin, Mark Magnier. “US, China Make Progress
Toward Trade and Investment Deal.” Wall Street Journal.
September 25, 2015. http://www.wsj.com/articles/u-s-china-
make-progress-toward-trade-and-investment-deal-1443208549
9 Sara Hsu. “The China-US Bilateral Investment Treaty: Next
Week?” The Diplomat. September 18, 2015. http://thediplomat.
com/2015/09/the-china-us-bilateral-investment-treaty-next-
week/
10 Manisha Singh. “Forget The TPP, Let’s Talk About The BIT with
China.” Forbes. June 24, 2015. http://www.forbes.com/sites/
realspin/2015/06/24/forget-the-tpp-lets-talk-about-the-bit-with-
china/
82
