Transparency Standards in International Investment Agreement Negotiations: A Chinese Lawyer’s Perspective on the UNCITRAL Rules

목차 (Table of Contents)

• I. Introduction: Why is Transparency Questioned in Investor-State Arbitrations?
• II . Overview of Transparency Standard in International Investment Agreement
• A. Global Governance: a Catalyst for Transparency Standards
• B. Public Scrutiny: A Substitute for Judicial Review
• III . Transparency Standards in Investment Arbitrations: Its Evolutional Interpretation
• IV . The Transparency Convention
• A. Relationship between Existing IIAs and the Transparency Convention
• B. Unilateral Offer to Arbitrate under the Rules on Transparency
• C. Applicability of the Transparency Rules to Arbitrations under those other than UNCITRAL Arbitration Rules
• D. Applicability of the Transparency Standards in Case of MFN Clause
• E. The Formulation of Reservations
• V. The UNCITRAL Rules on Transparency:Contrast with Relevant Rules in IIAs and Other Arbitral Rules
• A. The UNCITRAL Rules on Transparency at a Glance
• B. Comparison among the Rules on Transparency, Other Arbitral Rules and Rules in IIAs
• C. A Comment on the Rules on Transparency and Transparency Convention
• VI . Conclusion: The Implications of the UNCITRAL Rules on Transparency and the Transparency Convention for China
• A. To Launch a Transparency-oriented Reform
• B. Tune Transparency Standards to China’s Strategy in IIAs Negotiations?
• References