The Regulation of Foreign Investment in Post-WTO China: A Political Economy Analysis

32 Pages Posted: 20 May 2010

See all articles by (Robin) Hui Huang

(Robin) Hui Huang

Chinese University of Hong Kong - Faculty of Law; 华东政法大学(East China University of Political Sicence and Law); University of New South Wales - Faculty of Law

Date Written: 2009

Abstract

Since 2001, when China joined the WTO, foreign investment enterprises in China have grown considerably and exhibited significant developmental trends. In response, the Chinese government has been trying hard to reform its laws to keep pace with market developments. This article will undertake a political economy analysis to tease out the interplay and relevance of contextual factors contributing to the quality and direction of legal change in this area, giving important insights on how the social, political and economic conditions in China combine to shape China’s legal regime for foreign investment enterprises. It will focus on the practical problems arising from the troubled relationship between the general company law and the specific laws for foreign investment enterprises. The political economy of law reforms suggests that although evolutionary trends point towards convergence in the long term, the dual systems of foreign investment regulation are likely to persist, at least to some degree, in the foreseeable short term.

Keywords: Foreign Investment, China, Company Law

JEL Classification: K22, F21, G28

Suggested Citation

Huang, (Robin) Hui, The Regulation of Foreign Investment in Post-WTO China: A Political Economy Analysis (2009). Columbia Journal of Asian Law, Vol. 23, No. 1, pp. 187-218, 2009, Available at SSRN: https://ssrn.com/abstract=1592800

(Robin) Hui Huang (Contact Author)

Chinese University of Hong Kong - Faculty of Law ( email )

Shatin, New Territories
Hong Kong
852-39431805 (Phone)
852-29942505 (Fax)

HOME PAGE: http://www.law.cuhk.edu.hk/people/huang-hui-robin.php

华东政法大学(East China University of Political Sicence and Law) ( email )

1575 Wanhangdu Rd.
Changning, Shanghai 200042
China

University of New South Wales - Faculty of Law ( email )

Sydney, New South Wales 2052
Australia
61-2-9385 9649 (Phone)
61-2-9385 1175 (Fax)

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