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CPD/CPT Course:
Hong Kong’s
International Rules
on Foreign Investment:
Issues and Opportunities
for the Belt and Road

Presented by
Prof. Julien Chaisse,
The Chinese University of Hong Kong

Hong Kong’s International Rules on Foreign Investment: Issues and Opportunities for the Belt and Road
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Code: EVT000000257 Level: Intermediate
Date: 2 October 2018 (Tuesday) Language: English
Time: 14:30 - 17:45
(Reception starts at 14:00)
Accreditation(s): LSHK 3.0 CPD Points
SFC 3.0 CPT Hours
Venue: Request for Rerun:
Please Contact Us for Details
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Presenter's Profile:
Prof. Julien Chaisse

Dr. Julien Chaisse currently serves as professor at the City University of Hong Kong (CityU), School of Law.  He is an award-winning and world-renowned expert on international economic law (trade, investment, and tax), cyberlaw, and international dispute resolution.  His work has garnered wide academic recognition and has been cited by international courts/tribunals as well as the U.S. Courts.  He is the awardee of the Humanities and Social Sciences Prestigious Fellowship (2021) and the recipient of the Smit-Lowenfeld Prize from the International Arbitration Club of New York (2020).  He also sits on the editorial boards of several high impact academic journals, and serves as Editor-in-Chief of the Asia Pacific Law Review.

Dr. Chaisse is an accomplished senior arbitrator.  Numbers of his adjudications have been reported by local and international press.  He is frequently called upon as an expert witness in international trade/investment litigation and arbitration, to advise international organizations, governments, law firms, and private investors on private/public international law issues (e.g., concessions contracts, special economic zones, investment structuring, state and international organization immunities, and WTO accession), and he has assisted over twenty jurisdictions in drafting trade/investment treaties and legislation.

Dr. Chaisse is currently President and Chair of the Asia Pacific FDI Network (APFN), which is the most important organization in the region that focuses on researching foreign direct investment and facilitating cooperation among over 100 scholars and 50 institutions.  He has extensive experience working as a corporate board member, and serving on the board of directors/advisory board for a number of international organizations, including the World Free Zone Convention (WFZC), the Academy of International Dispute Resolution & Professional Negotiation (AIDRN), the National Institute of Malaysian and International Studies (IKMAS), and the Asian Academy of International Law (AAIL).  In addition, Dr. Chaisse is an active member of the World Economic Forum (“Tax and Globalization Working Group” and “Data Policy Platform”), a member of the Hong Kong’s Government Board of Review (Inland Revenue Ordinance), an advisor and partner to the United Nations ARTNET on FDI, and a member of the Academic Forum on Investor-state Dispute Settlement.  He also serves as Director of the Dot Trademark Policy Committee (DTPC), a co-founder of the Internet Intellectual Property Institute (IIPI), and is a member of the ICANN’s Working Group, which produced the Report of the Review of All Rights Protection Mechanisms in All gTLDs, among other highly-regarded white papers.

Prior to joining CityU Law School, Dr. Chaisse taught at the Chinese University of Hong Kong, Faculty of Law (2009-2019) where he served as Director of one the Faculty’s research centres as well as Director of PhD & MPhil Program.  Before moving to Hong Kong, he worked as deputy head of the working group on the rules and regulations for multilateral trade and investment agreements at the World Trade Institute in Bern, Switzerland (2006-2009), as a lecturer at Elite School Sciences Po Aix in France (2004-2006), and as a diplomat for the Ministry of Foreign Affairs of France at the French Embassy in New Delhi, India (2001-2004).

Course Objective:

The recent development of international investment protection law is remarkable and international investment law is emerging as a distinct and important field of international law.  There has been a dramatic increase in the number of bilateral investment treaties and other agreements with investment related provisions.  There has also been a sharp increase in the number of disputes between foreign investors and host governments.

This course aims to introduce the participants to the public international law standards for the treatment of foreign investments and the resolution of investment related disputes with particular reference to Hong Kong SAR in the context of the Belt and Road Initiative (BRI).

Participants will gain a thorough understanding of the theory and practice of international investment law and dispute settlement principles and practice, through lectures, case study, in-class discussions and group presentations.  This course will examine the substantive law governing international investment, the resolution of investment disputes and the growing role of investment law in the international legal system.

Course Outline:
In this course you will have an opportunity to explore recent developments of key issues such as:

  • Discuss the theories that support encouraging foreign direct investment
  • Discuss the costs and benefits of foreign investment to the investor, the host country, and the investor’s home country
  • Present the idea of the "obsolescing bargain"
  • Introduce the sources of international investment law
  • Consider the role that law plays in encouraging or discouraging the making of foreign investments
  • Discuss the tensions that arise given that multinational enterprises seek to promote their own global interests while governments seek to maximize national welfare
  • Identify the concerns of home countries about the foreign investments made by their nationals
  • Distinguish between different types of investment and the different kinds of guarantees a state might offer to attract them
  • Identify the issues a country should consider when deciding whether or not to enter into an investment agreement
  • Discuss policies, such as performance requirements, that might lead to sustainable development
  • Identify and consider the factors that investors consider when deciding whether or not to invest in a particular state
  • Consider when conduct should be attributed to the state

This course is provided by:  Kornerstone Limited
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