My talk today will be based on an article – “Looking for Law in China” – that was published last year. In it, looked at Chinese law from the perspective of foreign investors that have had to cope with the uncertainty of a business environment in which legal institutions have been vague, incomplete and weak. I wrote, and today speak to you, from under two hats, that of a scholar and that of practicing lawyer, since for over thirty years I have combined those two careers. My observations here, then, are not just those from the academic ivory tower but from what is laughingly known as real life.
The problems I will discuss reflect not only those of foreign investors but general characteristics of Chinese legal institutions. I am going to compress my summary of essential points so that I can have time to speculate on the prospects for Chinese law reform overall, not just as it affects foreigners, and I am going to interweave some of my speculations with my summary of the essential points in the article.
Stanley B. Lubman,
Legal Uncertainty in Foreign Investment in China: Causes and Management,
Available at: https://scholarship.law.columbia.edu/chinese_legal_studies/24