Książki

The OECD's Multilateral Agreement on Investments Negotiating Text will exert substantial impact on the legal framework for the international investment transactions. The author believes, however, that there are serious flaws and defects in the text that work against the interests and views of the very countries that could gain the most benefit from transnational investment opportunities.

OECD's Multilateral Agreement on Investment: A Chinese Perspective makes detailed analyses and comments on the MAI from the perspective of a Chinese legal scholar. The author believes that the closed process of MAI negotiations, in which the OECD intended to adopt rules for its members and expand participation to developing countries, is unacceptable for developing countries, NGO's, and civil societies, and is inadvisable for any future negotiations on investment rules. In addition, the book argues that the substantive contents of the MAI, which include the definition of investor and investment, treatment of foreign investors and investments, treatment for investment protection, and the dispute settlement mechanism, are harmful to developing countries. The author contends that the future negotiations for the MAI, instead of originating from a "top down" model, will have to take into account from the beginning the special circumstances of developing economies.

OECD's Multilateral Agreement on Investment: A Chinese Perspective