A Casebook on Chinese Outbound Investment

Law, Policy, and Business

Matthew S. Erie (University of Oxford)

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English

Cambridge University Press
06 March 2025

Jurisprudence & general issues

China remains one of the top capital exporters in the world, yet there is a paucity of reliable sources through which to assess Chinese corporate decision-making, the implementation of Chinese-financed and managed projects, and the socio-economic effects of those projects. The Casebook fills this gap by providing fifteen case studies written by experts and researchers, many from host states and who have first-hand knowledge of the transaction or dispute in question. Case studies are written primarily based on primary source material including transactional documents, interviews with stakeholders, laws and regulations, and case decisions. Educators in professional schools, including law, policy, and business, will find in the Casebook material to supplement class discussions pertaining to Chinese overseas investment, Chinese investment strategies, and the nature of the Chinese firm. This title is also available as open access on Cambridge Core.

Edited by: Matthew S. Erie (University of Oxford)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
ISBN: 9781009457811
ISBN 10: 1009457810
Pages: 356
Publication Date: 06 March 2025
Audience: General/trade , ELT Advanced
Format: Paperback
Publisher's Status: Active

Introduction Matthew S. Erie; Section 1. Corporations: Case Study 1.1 Alibaba and Ant Group: Developing a Hybrid Chinese-International E-Commerce Platform Ecosystem Colin Hawes; Case Study 1.2 Chinese M&A in Latin America: Jiangsu Yanghe Distillery's Stake Acquisition in VSPT Wine Group in Chile Ignacio Tornero; Section 2. Compliance: Case Study 2.1 Africa's Tech Challenge: A Chinese State-Owned Enterprise's Corporate Social Responsibility Experiment in KenyaYuan Wang; Case Study 2.2 State Grid's Localization Strategies in Belo Monte, Brazil Marco Germanò; Case Study 2.3 TikTok v. United States Han Liu and Ji Li; Section 3. Infrastructure: Case Study 3.1 The Colombo Port City Project: How Chinese Investment Interacts with Local Public Law Dinesha Samararatne and Dilini Pathirana; Case Study 3.2 The Lower Sesan II: Human Rights Implications for Chinese Overseas Projects Leigha Crout and Michael Liu; Case Study 3.3 The Special Economic Zone at Duqm, Oman: A Chinese-Invested Strategic Port Otari Kakhidze; Section 4. Labor: Case Study 4.1 Chinese Workers and Forced Labor on the Imperial Pacific Casino Project in Saipan Aaron Halegua; Case Study 4.2 The Impact of Chinese Investments on the Gold Mining Sector in Kyrgyzstan Nuraiym Syrgak kyzy and Robin Lee; Section 5. Finance: Case Study 5.1 Sovereign Debt Restructuring in Zambia: A Chinese Approach Charles Ho Wang Mak; Case Study 5.2 Exiting International Joint Ventures between Chinese and South African Banks Thembi Madalane; Section 6. Disputing: Case Study 6.1 Chinese Overseas Investment and Environmental Accountability: A Legal Battle Against the Chinese-Financed Coal-Fired Power Plant in Boké, Guinea Jingjing Zhang and Emily Scherr; Case Study 6.2 Micron v. UMC and Fujian Jinhua: The Cross-Border Struggle over Integrated Circuits' Trade Secrets Kai-Shen Huang; Case Study 6.3 The Use of Foreign Investment Treaties in the Protection of Chinese Outbound Investments: Zhongshan Fucheng Industrial Investment Co. Ltd v. Federal Republic of Nigeria Ngozi S. Nwoko and Stanley U. Nweke-Eze.

Matthew S. Erie (J.D., Ph.D.) is an Associate Professor at the University of Oxford. He practiced law in Beijing and New York City before entering academia. A comparativist and anthropologist by training, he has taught law in the United States, United Kingdom, Singapore, Cambodia, Pakistan, and China.

Reviews for A Casebook on Chinese Outbound Investment: Law, Policy, and Business

'This is the definitive Casebook of China's global engagements. Scholars looking for empirically rich studies of China's interactions with global and national politics, and teachers eager to use cases to study China's relationship with law and economic development, will find this an indispensable resource.' Meg Rithmire, F. Warren McFarlan Associate Professor, Business, Government, and the International Economy, Harvard Business School 'China's outbound investment is central to a host of global issues, yet its operation is often clouded by caricature. Using a wide-ranging approach based on original source material, this Casebook takes readers deep into the governance of Chinese companies' overseas investment projects. The result is an enlightening set of case studies examining how companies at the forefront of Chinese ODI manage relations with a range of stakeholders. It will have a long shelf life as a teaching tool for policymakers.' Curtis J. Milhaupt, William F. Baxter Visa International Professor of Law and Senior Fellow, by courtesy, Freeman Spogli Institute for International Studies, Stanford University 'The teaching of problem-solving subjects in law, policy, and business relies on cases for effective communication and hands-on analysis, and anyone who has had to create or reinvent cases for class use understands the investment of time and effort that goes into it. So do the authors of the richly informative, carefully crafted, and brilliantly curated cases published in this book. Its impressive geo-thematic breadth of cases, anchored by incisive discussion questions and comments, holds endless appeal for China-focused course conveners.' Ada Ordor, Professor of Commercial Law and Director of the Centre for Comparative Law in Africa, Faculty of Law, University of Cape Town