Book Review: Foreign Investment Law in China: Regulation, Practice and Context by Tarrant Mahony

• Author: Lucille A. Barale
• Pages: 136-140

136 TSINGHUA CHINA LAW REVIEW [Vol. 8:135

BOOK REVIEW

FOREIGN INVESTMENT LAW IN CHINA: REGULATION, PRACTICE AND CONTEXT.

BY TARRANT MAHONY [BEIJING: TSINGHUA UNIVERSITY PRESS 2015, 504

PP, ISBN 978-7-302-39589-8, PAPERBACK]

Lucille A. Barale

Abstract:

This book review analyzes Professor Tarrant Mahony's new textbook, Foreign Investment Law

in China: Regulation, Practice and Context. The fundamental changes to the foreign

investment approval p rocess in 2015 pose challenges for educators and students working in

this time of transition-- students must st udy the old laws and procedures even while new rules

are proposed an put into practice. Professor Mahony tackles these challenges head on with an

up-to-date text for the study of China’s legal framework for foreign investment, presenting the

materials in practical contexts. Professor Mahony’s own experience practicing with major law

firms in China provides background for this survey of the major laws and regulations

governing the establishment, financing and operation of foreign investment enterprises in

China.

We are fortunate that many law professors in China and abroad

are not only focused on the development of China’s laws, but also

devote themselves to the research and analysis of specialized areas of

PRC law. At the same time, many of these same professors also want

to be able to offer their students a general course on China’s law in

the important area of foreign investment, one that will be relevant in

the context of today’s investment transactions. The challenge has

been to find an up-to-date text for the study of China’s fast changing

legal framework with materials presented in practical contexts that

will serve students not only in the course of one semester, but also

after leaving the classroom. This timely and well-organized textbook

meets many of these needs.

Professor Mahony’s purpose in writing this textbook is to present

a survey of the major laws and regulations governing the

establishment, financing and operation of foreign investment

enterprises in China. This involves not only the study of laws

traditionally thought of as “foreign investment law and regulation,”

but also many of the laws that make up the core of China’s legal

system, such as the General Principles of the Civil Law, the

Company Law, the Contract Law, the Real Property Law, the Land

Administration Law, the Labor Contract Law, the Criminal Law and

more. Newer laws impacting foreign investment, such as the Anti-

Monopoly Law and regulations on national security review are also

included in this textbook. Professor Mahony’s own experience

practicing with major law firms in China provides background for