Investing in the United States: Is the U.S. Ready for FDI From China?
Edited by Karl P. Sauvant (Cheltenham: Edward Elgar, 2010).
The Vale Columbia Center partnered with the U.S. Chinese Services Group of Deloitte LLP to assess the readiness of the United States for foreign direct investment (FDI), and especially M&As, from China. This volume contains the results of the year-long study. It is also of great interest to investors from other countries seeking to expand into the United States as they are confronted with the new regulatory environment for such investment.
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A few of the chapters have also been published in the following booklets, co-edited with Deloitte LLP:
Is the U.S. Ready for FDI from China? Lessons from Japan’s Experience in the 1980s, by Curtis Milhaupt.
The U.S. environment for inbound FDI from China- and the reactions to it- today exhibit striking parallels with the environment for Japanese FDI in the 1980s. This booklet examines the experience of Japanese interests in the United States and seeks to draw lessons for China. Download (English) | (Chinese)
The U.S Regulatory and Institutional Framework for FDI , by David Fagan.
This booklet addresses the regulatory and institutional framework governing FDI in the United States. As the regulatory framework varies greatly depending on the nature of the transaction, the booklet provides a thorough overview of the regulatory environment for mergers and acquistions as well as greenfield investments. It identifies areas of heightened risks for Chinese investors and discusses ways to enhance the likelihood of regulatory approval and minimize potential political risk. Download (English) | (Chinese)
International Investment Law Protections, by Mark Kantor.
China and the U.S. have commenced serious discussion of a possible bilateral investment treaty. The third booklet in the series looks at the protections afforded by investment treaties to Chinese investors in the United States, including the use of investor-State arbitration to enforce substantive rights such as the international minimum standard of treatment (including fair & equitable treatment), the obligation to provide full compensation for direct or indirect expropriations, and the anti-discrimination principles of “Most Favored Nation” and “National Treatment.” The booklet also covers limits on those international law protections. Coming Soon!