Yu Zhou and Xielin Liu
- Published in print:
- 2016
- Published Online:
- March 2016
- ISBN:
- 9780198753568
- eISBN:
- 9780191815096
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198753568.003.0002
- Subject:
- Business and Management, Innovation, International Business
This chapter summarizes the evolution of the state policies in technological innovation in the last 60 years. Between 1950 and 1980s, China’s international isolation led to the techno-nationalistic ...
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This chapter summarizes the evolution of the state policies in technological innovation in the last 60 years. Between 1950 and 1980s, China’s international isolation led to the techno-nationalistic approach, prioritizing defense sectors. State controlled R&D activities were separated from production. In the 1980s, China turned to a market competitive model and embraced foreign technological transfer. In the 1980–90s, the state was directly involved in establishing state-owned or joint-venture enterprises and practiced import substitution under the rubric of “trading market for technology.” The policy, along with export promotion policy succeeded in expanding China’s production capacity, but was disappointing in improving China’s technological innovation. The “indigenous innovation” policy installed since 2006 reasserted the central role of the state in promoting innovation, but employed more diverse and flexible approaches through finance, tax, procurement, and domestic industrial standard policies, among others. Local governments and non-state firms also become more prominent playersLess
This chapter summarizes the evolution of the state policies in technological innovation in the last 60 years. Between 1950 and 1980s, China’s international isolation led to the techno-nationalistic approach, prioritizing defense sectors. State controlled R&D activities were separated from production. In the 1980s, China turned to a market competitive model and embraced foreign technological transfer. In the 1980–90s, the state was directly involved in establishing state-owned or joint-venture enterprises and practiced import substitution under the rubric of “trading market for technology.” The policy, along with export promotion policy succeeded in expanding China’s production capacity, but was disappointing in improving China’s technological innovation. The “indigenous innovation” policy installed since 2006 reasserted the central role of the state in promoting innovation, but employed more diverse and flexible approaches through finance, tax, procurement, and domestic industrial standard policies, among others. Local governments and non-state firms also become more prominent players
Daniel C. O'Neill
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9789888455966
- eISBN:
- 9789888455461
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888455966.003.0006
- Subject:
- Political Science, International Relations and Politics
This chapter first surveys the close historical ties between the governments of China and Cambodia, as well as between the Chinese Communist Party (CCP) and the Cambodian People’s Party (CPP). It ...
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This chapter first surveys the close historical ties between the governments of China and Cambodia, as well as between the Chinese Communist Party (CCP) and the Cambodian People’s Party (CPP). It then presents data on Cambodia’s dependence on Chinese “aid” and other forms of capital, including foreign direct investment (FDI). It argues that both the relatively high levels of Chinese funding as well as the “no strings attached” nature of that funding, which lacks the conditions for political and economic reforms often attached to foreign aid by other governments and multilateral institutions, provide additional leverage for China over Hun Sen’s government. The chapter shows how China uses this leverage both to help its state-owned enterprises (SOEs) overcome the high risk in Cambodia’s investment environment for their very specific (immobile) assets and to gain the support of the Cambodian government on issues vital to the legitimacy of the Chinese Communist Party, including its territorial claims in the South China Sea. The chapter specifically analyses cases of Chinese investments in Cambodian hydropower projects and shows how Chinese influence over the Cambodian government helps overcome domestic opposition to these projects and secures long-term guarantees for the profitability of investments in this sector.Less
This chapter first surveys the close historical ties between the governments of China and Cambodia, as well as between the Chinese Communist Party (CCP) and the Cambodian People’s Party (CPP). It then presents data on Cambodia’s dependence on Chinese “aid” and other forms of capital, including foreign direct investment (FDI). It argues that both the relatively high levels of Chinese funding as well as the “no strings attached” nature of that funding, which lacks the conditions for political and economic reforms often attached to foreign aid by other governments and multilateral institutions, provide additional leverage for China over Hun Sen’s government. The chapter shows how China uses this leverage both to help its state-owned enterprises (SOEs) overcome the high risk in Cambodia’s investment environment for their very specific (immobile) assets and to gain the support of the Cambodian government on issues vital to the legitimacy of the Chinese Communist Party, including its territorial claims in the South China Sea. The chapter specifically analyses cases of Chinese investments in Cambodian hydropower projects and shows how Chinese influence over the Cambodian government helps overcome domestic opposition to these projects and secures long-term guarantees for the profitability of investments in this sector.
Carlo de Stefano
- Published in print:
- 2020
- Published Online:
- March 2020
- ISBN:
- 9780198844648
- eISBN:
- 9780191880179
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198844648.001.0001
- Subject:
- Law, Public International Law
This book aims to clarify, critically discuss, and propose solutions for the application of international rules of attribution of conduct to States under public international law and international ...
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This book aims to clarify, critically discuss, and propose solutions for the application of international rules of attribution of conduct to States under public international law and international investment law. In a nutshell, the issue is that of the applicability of the principles of ‘attribution’ to States of acts that are in breach of their obligations under international custom or international treaties, with a focus on their commitments pertaining to the treatment of foreign investors under international investment agreements (IIAs), mostly bilateral investment treaties (BITs), and their application by arbitral tribunals. Of special interest and the object of extensive debate within this context is the responsibility of States when the alleged breach has been committed not by the State itself through its organs, but by entities which have separate legal personality under domestic law, which, nevertheless, may engage the responsibility of the State under international law, such as State-owned enterprises (SOEs). The book addresses the relevant issues in a systematic way, approaching them first in general terms on the basis of the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International Law Commission (ILC) in 2001, and proceeding thereafter to the specifics of international investment law, based on an accurate examination of the law, practice, and case law, with full knowledge and consideration of the academic debate. To this extent, the book submits that the general principles on attribution are fully applicable within international investment law, which is not a closed system governed by different principles, and that tribunals have to apply them as they generally do.Less
This book aims to clarify, critically discuss, and propose solutions for the application of international rules of attribution of conduct to States under public international law and international investment law. In a nutshell, the issue is that of the applicability of the principles of ‘attribution’ to States of acts that are in breach of their obligations under international custom or international treaties, with a focus on their commitments pertaining to the treatment of foreign investors under international investment agreements (IIAs), mostly bilateral investment treaties (BITs), and their application by arbitral tribunals. Of special interest and the object of extensive debate within this context is the responsibility of States when the alleged breach has been committed not by the State itself through its organs, but by entities which have separate legal personality under domestic law, which, nevertheless, may engage the responsibility of the State under international law, such as State-owned enterprises (SOEs). The book addresses the relevant issues in a systematic way, approaching them first in general terms on the basis of the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International Law Commission (ILC) in 2001, and proceeding thereafter to the specifics of international investment law, based on an accurate examination of the law, practice, and case law, with full knowledge and consideration of the academic debate. To this extent, the book submits that the general principles on attribution are fully applicable within international investment law, which is not a closed system governed by different principles, and that tribunals have to apply them as they generally do.
Julien Chaisse (ed.)
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780198827450
- eISBN:
- 9780191866319
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198827450.001.0001
- Subject:
- Law, Public International Law, Company and Commercial Law
The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted ...
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The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.Less
The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.