Archives: China

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China Builds New Framework Governing Civil Society Organizations, Part I: Charity Law

Since the Xi administration’s pledge during the Fourth Plenum of the 18th Central Committee of the Chinese Communist Party in October 2014 to promote the rule of law (or, as the ambiguous language was interpreted by many, “rule by law”), China has issued a number of final and draft laws and regulations of significance to … Continue Reading

China Moves Forward with Negative List for (Domestic and Foreign) Market Access

In recent years, the business community in China has been abuzz with talk of various market access “negative lists” — lists of exceptions to what would otherwise be open market access. China has now introduced a new market access negative list for all forms of investment in the country, both domestic and foreign. Before describing … Continue Reading

G20 Meetings in Shanghai — Snoozer or Sleeper

Disappointment is the sentiment most expressed towards results of the February 26-27 meeting of G20 Finance Ministers and Central Bank Governors in Shanghai.  One former UK official calls G20 meetings a “damp squib” — no idea what that means, but it sounds about right.  Despite rising panic by the IMF, OECD and others about the … Continue Reading

China Enacts Broad Counter-Terrorism Law

On December 27, 2015, the Standing Committee of the National People’s Congress (NPC), China’s top legislative body, enacted a Counter-Terrorism Law (see the Chinese version here), which took effect on January 1, 2016. The adoption of this law, a year after the first draft was released for public comment, followed closely the adoption of a … Continue Reading

China, India and Japan Set to Host Major Summits To Further Strengthen Ties with Africa

In the midst of questions about how China’s economic health will impact Africa, the foreign ministers of China and South Africa have announced that the sixth Ministerial Meeting of the Forum on China-Africa Cooperation will be upgraded to a summit. Nearly a decade after the first China-Africa Leaders summit which was held in Beijing, this … Continue Reading

China Sneezes: Could Africans benefit from a devalued yuan?

When China sneezes, does all of Africa catch a cold? Slower Chinese growth and a recently devalued currency will certainly impact Africa, whose largest trading partner is China. However, the impact of China’s recent currency devaluation will largely depend on country-specific factors. The Chinese government likely devalued its currency in August in part to combat … Continue Reading

China Issues Draft Network Security Law

Close on the heels of a sweeping new National Security Law, the Standing Committee of the National People’s Congress released last month for public comment a very significant draft Network Security Law (“Draft Law”), also referred to as the draft Cybersecurity Law. Since it came into power in 2012, China’s current leadership has attached an … Continue Reading

China, the Middle East and the Global Economy–Where Might the “Silk Road” Lead?

China clearly wants to use its enormous financial capacity to secure access to resources, to create good jobs for its huge population, to enhance its strategic clout and to spur global growth in ways that shore up growth at home.  Certainly, this is true of China’s engagement with the Middle East, from which it obtains … Continue Reading

China’s New National Security Law

The Chinese government made headlines around the world on July 1 when the Standing Committee of the National People’s Congress passed a sweeping new national security law (see official Chinese version here). The scope of the law, China’s most comprehensive piece of national security legislation to date, is broad. It covers issues of political security, … Continue Reading

Chinese Government Issues 2015 Foreign Investment Catalogue — Effective April 10, 2015

The Chinese government makes no secret of the fact that in its view, foreign investment should be consistent with China’s economic development plans and industrial policies. Its ability to administer foreign investment in accordance with industrial policy is aided by the fact that all foreign investment must go through an often rigorous approval process. By … Continue Reading

China Struggles With Food Safety

Food safety remains an issue of significant public and government concern in China going into the new calendar year and the impending Chinese New Year.  High profile food safety scandals, including contaminated meat and pet food, continued in China over the last two years, further eroding the public’s confidence in some domestically processed foods. As … Continue Reading

Chinese Draft Foreign Investment Law–First Post

China has begun the process of revamping its legal regime for foreign investment. On January 19, 2015, the Ministry of Commerce (“MOFCOM”), the ministry charged with regulating foreign investment in China, issued a new draft Foreign Investment Law (the “Draft Law”), representing China’s attempt to unify the governance of foreign and domestic private investment. Comments … Continue Reading

Are Chinese Companies Retooling in Africa?

Chinese companies are adopting new approaches to investing in Africa. These changes, if they become widespread, will boost the positive impact of China on Africa’s development agenda and improve how Chinese companies are perceived on the continent. Conversations in China last month suggest a growing perception that the country’s model of extending low-interest commercial loans … Continue Reading

The Road to Paris 2015: Contrasting Media Perspectives on the US-China Accord on Climate Change and Clean Energy

As has been widely reported, on November 12 President Obama and China’s President Xi Jinping released a joint announcement on climate change and clean energy cooperation.  Beyond the announced greenhouse gas emission targets—for the U.S., to reduce emissions 26-28% below 2005 levels by 2025; for China, (i) to peak CO2 emissions by around 2030, with the … Continue Reading

Evaluating Foreign Investment Restraints in China

As we have written previously, China is engaging in simultaneous bilateral investment treaty (BIT) negotiations with the United States and the European Union. Indications are that the Chinese government is taking these negotiations very seriously. This presents the most significant opportunity for foreign investors in China to influence market access restrictions and other restraints on … Continue Reading

China to Establish a Unified Real Property Registration System

The fact that China, one of the world’s most vibrant housing markets, lacks a nationwide property registration scheme may strike some as surprising, but this is now set to change following the publication in August of a draft regulation targeting the establishment of a national property registration scheme within the next three years. The measure … Continue Reading

Foreign-owned hospitals in China

After the news this past July that German hospital operator Artemed had signed a framework agreement to establish the first wholly foreign-owned hospital in the Shanghai Pilot Free Trade Zone (“Shanghai FTZ”), foreign investors anxious for an opening into China’s tightly regulated healthcare sector may now have even more reason for (cautious) optimism. The Chinese … Continue Reading

New Food Safety Law for China

China’s legislature, the National People’s Congress (NPC), has released a draft of the revised Food Safety Law (Draft FSL) for public comment. The comments are due on July 31, 2014. The Food Safety Law was last revised in 2009, when the government changed the Law’s name from the Food Hygiene Law and altered most of … Continue Reading

Why A U.S.-China Bilateral Investment Treaty Matters

This post originally appeared on Investment Policy Central. A U.S.-China bilateral investment treaty (BIT) will serve as the cornerstone for the bilateral economic relationship between these two economic powerhouses for years to come.  It puts in place important rules that protect U.S. investors against discrimination and arbitrary treatment, with the United States promising the same … Continue Reading
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