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Changing Tide of China's Foreign Investment Regulatory Reform Starting From Free Trade Zones: The Case of Negative Lists
Abstract
China Pilot Free Trade Zones have played important roles in promoting foreign investment and openness by conducting various administrative and legislative reforms. Since the establishment of the first Pilot Free Trade Zone, Shanghai Pilot Free Trade Zone, the market access negative list for foreign investment has been introduced within SHFTZ and gradually promoted in other FTZs and nationwide. This nationwide regulatory reform of market access has significantly changed China's long-time practice of ‘case-by-case approvals' (positive-list) and is consistent with China's approach of reservations and non-conforming measures under the Regional Comprehensive Economic Partnership and the EU-China Comprehensive Agreement on Investment. This chapter examines the historical evolution of negative lists from FTZs to the whole country. It explores the interaction among the local, national, and transnational investment legal regimes in regard to market access. Last, it proposes suggestions for better alignment of market access negative lists in FTZs, the nationwide, and free trade agreements.
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