This study describes and analyses the recently adopted foreign investment law (the Law) of China. First, this paper presents reasons for the adoption of the Law. For example, we focus on the trade war between the US and China, which has greatly affected the adoption of the Law. The political background that influenced the adoption of the law is revealed. Of note, legal techniques used by the Chinese legislators in the Law are evaluated. For example, a list system for investment sectors is used, which divides all industries into categories with a special regime. This system divides all industries into four categories: (1) encouraged, (2) permitted, (3) restricted, and (4) prohibited. In conclusion, this study emphasizes that changes achieved by the Law are not revolutionary. Some of the consequences that the adoption of the law entails is analyzed. Thus, the Law represents a gradual evolution in how foreign investors access the Chinese economy.
Translated title of the contributionРеформа инвестиционного права в Китае: революция или эволюция?
Original languageEnglish
Pages (from-to)95-112
Number of pages18
JournalChina and WTO Review
Volume7
Issue number1
DOIs
StatePublished - Mar 2021

    Scopus subject areas

  • Economics, Econometrics and Finance (miscellaneous)
  • Law
  • Political Science and International Relations

    Research areas

  • China’s ForeignInvestment Law, Foreign Investor, China, Foreign investor, China’s foreign investment law

ID: 74449970