Incentivizing Chinese Investors to Invest in Cuba: Legal Challenges and Suggestions

目录

声明

Chapter I Introduction

1.1 Research Question

1.2 Significance of the study

1.2.1 Relevant Facts

1.2.2 Implications

1.3 Why China?

1.4 Literature Reviewed

1.5 General and Individual Aims

1.6 Methodological Tools

1.7 Frameworks and Scope of The Study

1.8 Summary of The Study

Chapter IIThe Investment Incentives in The Cuban Legal System

2.1 Investment Incentives during The Revolutionary Stage until Present Days

2.2 Investment Incentives in The Cuban Legal System

2.2.1 Tax Incentives in The Foreign Investment Act

2.2.2 The Mariel Special Development Zone

2.3 Impact of The Investment Incentives Implemented in The Cuban Legal system

2.4 The Lack of Incentives Identified in The Foreign Investment Law

2.4.1 The Labor Regime

2.4.2 The Presence of National Courts in The Dispute Resolution among Investors

2.5 The Lack of Incentives Identified in The Bilateral Investment Treaty between China and Cuba

2.5.1 The Context of Bilateral Investment Treaties in Cuba

2.5.2 The Absence of Guaranties in The Bilateral Investment Treaty Signed between China and Cuba

2.5.3 The China-Cuba Bilateral Investment Treaty and The Ones Signed by China and Latin American Countries

Chapter IIIRealities and Demands of Investment Incentives in Cuba

3.1 Motives behind The Lack of Investment Incentives

3.1.1 Political Resistance to The Aperture of Foreign Investments

3.1.2 The Cuba’s Economic Alliances

3.2 Outcomes of The Lack of Incentives

3.2.1 Subsisted Barriers to Create Investment Incentives

3.2.2 Incapacity to Attract and Protect Foreign Investors

3.3 A Call for A Change in The Investment Incentives Policy

3.3.1 Investment Incentives as A Necessary Way to Counteract The Effects of The Economic Blockade Imposed by United States

3.3.2 The Challenges to Attract Chinese Investment to Latin-America in Current Times

Chapter IVSuggestion for Chinese Investors in Avoiding The Lack of Incentives in The Cuban Legal System

4.1 Suggestions to Mitigate The Lack of Incentives in The Foreign Investment Law

4.1.1 Exception Allowing The Hiring of Workers by The Investor and The Labor Supply Contract

4.1.2 Implementation of The Exceptional Arbitration Clause and The Nomination of Foreign Arbitrators

4.2 Suggestions to Resolve The Lack of Incentives in The Bilateral Investment Treaty

4.2.1 Previous Comments on The Current Role of Bilateral Investment Treaties as Investment Incentive

4.2.2 Proposal for A Reform of The Bilateral Investment Treaty between Cuba and China to Encourage The Attraction of Chinese Investors

Chapter V Conclusions

5.1 General Observations

5.2 Considerations on The Practical Feasibility of The Suggestions

Recommendations

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