DATES:    JUNE 27 - JULY 8, 2016

TUITION: $4,500 USD

OVERVIEW

This program offers perspective on China’s international laws, regulations, and policies governing trade and investment at national and international levels. Including general WTO law, this program will focus on obligations under Regional and Bilateral Free Trade Agreements and China’s Foreign Trade and new Foreign Investment Law. It will also introduce the evolution of China’s Bilateral Investment Treaties and dispute settlement mechanisms in international and domestic forums.

 

FOCUS ON CHINA

  • Investment laws of China, including laws regulating FDI and outbound investments
  • China’s laws of trade: regulation of international trade and private laws concerning international trade
  • China’s free trade agreements: law and practice
  • China’s BITs: recent developments and trends
  • One Belt One Road Initiatives
  • China’s Mulitlateral Development Banks: The China Developmnent Bank and Asia Infrastructure Investment Bank

 

BASIC STANDARDS FOR THE TREATMENT OF FOREIGN INVESTMENT

  • National laws and regulations
  • Minimum standards under customary international law
  • Background on the history of free trade and other agreements relating to investment
  • Chinese finance and investment law
  • Chinese business law

 

OVERVIEW OF CHINESE CORPORATE AND INVESTMENT LAW

  • Corporate securities law
  • Financial regulation and compliance
  • Fraud and financial crime
  • International and comparative tax law
  • International business law
  • Investigation law and practice
  • Chinese and international banking law

 

INVESTOR-STATE DISPUTE SETTLEMENT

  • Substance of common investor protection clauses, including national treatment, MFN, fair and equitable treatment, transfer of funds, ecpropriation, and nationalization
  • Arbitration under various treaties including ICSID, NAFTA, CAFTA, ECT, and UNICTRAL
  • Selection of forum and arbitrators
  • Alternative forms of dispute resolution
  • Role of the arbitral tribunal and conduct of proceedings
  • Managing the arbitration
  • Sources and choice of applicable law
  • State defenses to investor claims
  • Methods of calculating damages
  • Recognition, enforcement, and challenges to an arbitral award

 

INTERNATIONAL TRADE

  • The fundamental rules
  • Non-tariff barriers
  • Trade remedies
  • Customs issues
  • Agriculture
  • General obligations
  • Negotiated commitments
  • Intellectual property
  • Substantive requirements
  • Enforcement obligations globally and in China
  • Regional Trade Agreements (RTAs)
  • GATT/WTO overview
  • The economics and politics of RTAs
  • Scope of RTAs
  • New model agreements: TPP; TTIP; RCEP
  • EU Economic Partnership Agreements
  • RTAs in Africa