A Brief Analysis of the Disputes Arising from China-African Civil and Commercial Transactions

A Brief Analysis of the Disputes Arising from China-African Civil and Commercial Transactions
Author: Weidong Zhu
Publisher:
Total Pages: 11
Release: 2013
Genre:
ISBN:

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Abstract: With the frequent civil and commercial transactions between China and Africa, more and more legal disputes arose as a result. Currently the civil and commercial disputes are mainly the contractual disputes, letter of credit or guarantee disputes, labor disputes, marine disputes and delictual disputes. These disputes often occur in the African countries and are often settled in African courts or arbitral institutions. Under the current legal systems and legal traditions in many African countries and in China, it is more preferable to settle such disputes through arbitration in stead of through litigation for the Chinese parties as well as for the African parties doing business in China.

China-Africa Dispute Settlement

China-Africa Dispute Settlement
Author: Won Kidane
Publisher: Kluwer Law International B.V.
Total Pages:
Release: 2011-11-02
Genre: Law
ISBN: 9041142843

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The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.

China and Africa

China and Africa
Author: Richard Schiere
Publisher:
Total Pages: 160
Release: 2011
Genre: Africa
ISBN:

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International Commercial Courts

International Commercial Courts
Author: Stavros Brekoulakis
Publisher: Cambridge University Press
Total Pages: 591
Release: 2022-04-21
Genre: Law
ISBN: 1316519252

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The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

Global Trends 2040

Global Trends 2040
Author: National Intelligence Council
Publisher: Cosimo Reports
Total Pages: 158
Release: 2021-03
Genre:
ISBN: 9781646794973

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"The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.

China and Africa

China and Africa
Author: Chris Alden
Publisher: Springer
Total Pages: 401
Release: 2017-08-24
Genre: Political Science
ISBN: 3319528939

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This book investigates the expanding involvement of China in security cooperation in Africa. Drawing on leading and emerging scholars in the field, the volume uses a combination of analytical insights and case studies to unpack the complexity of security challenges confronting China and the continent. It interrogates how security considerations impact upon the growing economic and social links China has developed with African states.

Schism

Schism
Author: Paul Blustein
Publisher: McGill-Queen's Press - MQUP
Total Pages: 249
Release: 2019-09-10
Genre: Business & Economics
ISBN: 1928096867

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China's entry into the World Trade Organization (WTO) in 2001 was heralded as historic, and for good reason: the world's most populous nation was joining the rule-based system that has governed international commerce since World War II. But the full ramifications of that event are only now becoming apparent, as the Chinese economic juggernaut has evolved in unanticipated and profoundly troublesome ways. In this book, journalist Paul Blustein chronicles the contentious process resulting in China's WTO membership and the transformative changes that followed, both good and bad - for China, for its trading partners, and for the global trading system as a whole. The book recounts how China opened its markets and underwent far-reaching reforms that fuelled its economic takeoff, but then adopted policies - a cheap currency and heavy-handed state intervention - that unfairly disadvantaged foreign competitors and circumvented WTO rules. Events took a potentially catastrophic turn in 2018 with the eruption of a trade war between China and the United States, which has brought the trading system to a breaking point. Regardless of how the latest confrontation unfolds, the world will be grappling for decades with the challenges posed by China Inc.

Doing Business 2020

Doing Business 2020
Author: World Bank
Publisher: World Bank Publications
Total Pages: 241
Release: 2019-11-21
Genre: Business & Economics
ISBN: 1464814414

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Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

China's Maritime Disputes in the East and South China Seas

China's Maritime Disputes in the East and South China Seas
Author: U.S.-China Economic and Security Review Commission
Publisher: Createspace Independent Publishing Platform
Total Pages: 168
Release: 2014-04-18
Genre: Security, International
ISBN: 9781492991793

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Today's hearing will cover China's maritime disputes in the East and South China Seas. We'll examine the security, political, legal, and economic drivers of these disputes in our three panels today. The first panel will begin by discussing the broad security situation on the high seas. As China's maritime forces have become more capable over the past decade, Beijing has become more confident in its ability to assert its claims in the disputed areas. Beyond China's "hard" security concerns, however, other domestic, political, and legal elements shape China's policy in the East and South China Seas. Our second panel will consider popular nationalism as one of these elements. It has become a key driver of Chinese foreign policy as personality politics in Beijing has given way to a collective leadership seeking Party legitimacy. We'll conclude with a panel on how resources and economic drivers shape China's maritime disputes. Security of China's near seas is critical to the unimpeded flow of trade and imported energy resources. Though the natural resources in the East and South China Sea undoubtedly shape the security landscape, there appears to be a debate on the centrality of oil and gas resources to the dispute.

“一带一路”携手非洲共同发展 The Belt and Road Initiative Joining Hands with Africa for Common Development

“一带一路”携手非洲共同发展 The Belt and Road Initiative Joining Hands with Africa for Common Development
Author: 杨宝荣主编
Publisher: BEIJING BOOK CO. INC.
Total Pages: 212
Release: 2020-11-01
Genre: Business & Economics
ISBN: 752037453X

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2019年4月,中国社会科学院积极响应国家主席习近平在2018年中非合作论坛北京峰会开幕式讲话精神,成立中国非洲研究院,旨在同非洲各国深化文明互鉴,加强治国理政和发展经验交流,为中非共同推进“一带一路”合作,共同建设面向未来的中非全面战略合作伙伴关系,共同构筑更加紧密的中非命运共同体提供智力支持和人才支撑。习近平主席在致中国非洲研究院成立贺信中指出,希望中国非洲研究院汇聚中非学术智库资源,增进中非人民相互了解和友谊,为中非和中非同其他各方的合作集思广益、建言献策,为促进中非关系发展、构建人类命运共同体贡献力量。