As one of the mainstream dispute resolutions,arbitration is broadly used in settling Investor-State disputes for its unique advantages compared with other mechanisms.In the past,investment treaty arbitration was in th...As one of the mainstream dispute resolutions,arbitration is broadly used in settling Investor-State disputes for its unique advantages compared with other mechanisms.In the past,investment treaty arbitration was in thrall to the confidentiality principle of commercial arbitration:neither the submission nor the award of arbitration can be disclosed to the public.This paper attempts to show how the wind blows today.Adoption of the UNCITRAL Transparency rules promotes transparency in investment treaty arbitration,and brings both opportunity and challenge to China as well.Whether China shall support transparency in investment treaty arbitration?It is not an easy question to answer given the duplex roles of China as both source and recipient of FDI today.It is more complex when disputes arise between China and its biggest partner:Africa.This paper starts by reviewing the development of commercial cooperation between China and Africa and the possible ways of settling investment disputes in the continent.It is found out that arbitration is a more appropriate mechanism for Chinese investors to resolve their investment disputes in Africa.This paper then illustrates the increasingly transparency in investment treaty arbitration and discusses how much transparency China shall accept in investment treaty arbitration and whether China shall advocate transparency of arbitration in Sino-Africa BITs.In conclusion,it is suggested that China shall take a cautious attitude towards transparency trend in investment treaty arbitration,as it is not ready for accepting a high-level transparency in investment treaty arbitration.展开更多
The Philippines was in the 1960s a model of development in Asia and second to Japan,but occupies presently only the 11th position under South-East and East Asian countries in terms of GDP-per capita.The article explor...The Philippines was in the 1960s a model of development in Asia and second to Japan,but occupies presently only the 11th position under South-East and East Asian countries in terms of GDP-per capita.The article explores why this important Asian country with a long colonial past and enormous economic potential still ranks under lower-income countries and has in the last decades let pass by many other Asian countries.In answering this question,the approach of external triggers for accelerated development is being applied.In stark contrast to the success stories of the strongly outward-looking Asian countries like the four Tigers,later of Thailand and Vietnam the Philippines never developed a vision of an open economy connecting pro-actively to the world markets.Trade is hampered by a non-competitive and highly protected national economy.The existing FDI is more oriented to the profitable local markets.Foreign debts were never effectively used and international tourism was never well promoted.Linking these failures to the existing power structures in the country,it seems very much that the backward forces like the big landowners,the local producers and industrialists never wanted and continue not to want to open up the economy to international competition and governments are complacent with these groups.Various indicators demonstrate the long-term decline of the Philippines:Among them the slow growth of the GDP and the continuously high poverty rates.As the alliance of big business and policy holds firm no change in the failing nationalistic economic model can be detected leaving the bleak outlook that the economic decline will continue.展开更多
文摘As one of the mainstream dispute resolutions,arbitration is broadly used in settling Investor-State disputes for its unique advantages compared with other mechanisms.In the past,investment treaty arbitration was in thrall to the confidentiality principle of commercial arbitration:neither the submission nor the award of arbitration can be disclosed to the public.This paper attempts to show how the wind blows today.Adoption of the UNCITRAL Transparency rules promotes transparency in investment treaty arbitration,and brings both opportunity and challenge to China as well.Whether China shall support transparency in investment treaty arbitration?It is not an easy question to answer given the duplex roles of China as both source and recipient of FDI today.It is more complex when disputes arise between China and its biggest partner:Africa.This paper starts by reviewing the development of commercial cooperation between China and Africa and the possible ways of settling investment disputes in the continent.It is found out that arbitration is a more appropriate mechanism for Chinese investors to resolve their investment disputes in Africa.This paper then illustrates the increasingly transparency in investment treaty arbitration and discusses how much transparency China shall accept in investment treaty arbitration and whether China shall advocate transparency of arbitration in Sino-Africa BITs.In conclusion,it is suggested that China shall take a cautious attitude towards transparency trend in investment treaty arbitration,as it is not ready for accepting a high-level transparency in investment treaty arbitration.
文摘The Philippines was in the 1960s a model of development in Asia and second to Japan,but occupies presently only the 11th position under South-East and East Asian countries in terms of GDP-per capita.The article explores why this important Asian country with a long colonial past and enormous economic potential still ranks under lower-income countries and has in the last decades let pass by many other Asian countries.In answering this question,the approach of external triggers for accelerated development is being applied.In stark contrast to the success stories of the strongly outward-looking Asian countries like the four Tigers,later of Thailand and Vietnam the Philippines never developed a vision of an open economy connecting pro-actively to the world markets.Trade is hampered by a non-competitive and highly protected national economy.The existing FDI is more oriented to the profitable local markets.Foreign debts were never effectively used and international tourism was never well promoted.Linking these failures to the existing power structures in the country,it seems very much that the backward forces like the big landowners,the local producers and industrialists never wanted and continue not to want to open up the economy to international competition and governments are complacent with these groups.Various indicators demonstrate the long-term decline of the Philippines:Among them the slow growth of the GDP and the continuously high poverty rates.As the alliance of big business and policy holds firm no change in the failing nationalistic economic model can be detected leaving the bleak outlook that the economic decline will continue.
