Research Student: Miss Shuang Liang
Protecting foreign investors in Chinese PFIPs: the case for international standards
This research aims to analyse international best practice on PFIPs (Privately Financed Infrastructure Projects) and in light of this analysis to suggest appropriate legislative measures so that investors in PFIPs in China are adequately protected.
The thesis will be comprised of four main chapters:
- In legislation, how to protect the foreign investors before the project start. The legislation should avoid discrimination on market access.
- In legislation, how to protect the foreign investors during the project. Even if the authority of the host country has to interfere in PFIPs because of public interest considerations, possible interference extent should be limited by the legislation so as to protect the reasonable expectations of the foreign private investor.
- In legislation, how to protect the foreign investors when PFIPs have to be suspended or terminated. The legislation should detail the procedure for awarding compensation to the foreign private investor, if the project cannot be competed in certain cases.
- In legislation, how to protect the foreign investors when disputes arise. Fair and effective channels should be set out clearly in the legislation to resolve disagreements among the parties participating in PFIPs.