Distinguished Speakers Program: Professor Vivienne Bath

11 October 2012

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Foreign Investment, the National Interest and National Security - Foreign Direct Investment in Australia and China

China and Australia are both recipients of considerable amounts of inbound investment and maintain policies designed to encourage and attract it. Both countries are, however, considered by the OECD to maintain restrictive policies towards the admission of inbound investment. In addition, Chinese and Australian companies invest extensively overseas, including, in the case of Chinese companies, in Australia, where the extent and nature of foreign - particularly Chinese - investment in natural resources and rural land is increasingly controversial. The policies of the Australian and Chinese governments in relation to the admission of foreign direct investment ('FDI') both rely heavily on concepts of the national interest (in the case of Australia) and national security (in the case of China). Australia maintains a case by case screening regime based on a 'national interest' test; China has a detailed, highly regulated investment structure and review process which draws on concepts of 'national security' and 'national economic security', and has recently added an extra case by case review of certain foreign acquisitions on the basis of a "national security" test. In this lecture, Professor Bath will examine and compare the development and definition of concepts of national interest and national security - including the role of public opinion in both countries - and discuss the role they play in the admission of FDI in Australia and China.


Professor of Chinese and International Business Law , Faculty of Law, University of Sydney, and Director of the Centre for Asian and Pacific Law at the University of Sydney. Prior to joining the Faculty of Law, Vivienne Bath was a partner of international firm Coudert Brothers, working in the Hong Kong and Sydney offices, and specialising in commercial law, with a focus on foreign investment and commercial transactions in the People's Republic of China. She previously practised as a commercial lawyer in New York and Sydney, and worked in the Federal Office of Parliamentary Counsel as a parliamentary draftsman.

Vivienne Bath has published widely in the area of Chinese law and is a frequent participant in conferences and seminars focussing on developments in the Chinese legal regime.

Lawyers/barristers: attendance at this lecture is equal to 1 MCLE/CPD unit.

This event is presented by the Sydney Law School in collaboration with the China Studies Centre

Time: Registration from 5.30pm for 6-7pm lecture, followed by cocktail reception.

Location: The Foyer, Level 2, Sydney Law School, Building F10, Eastern Avenue, University of Sydney

Cost: FREE, registration essential

Contact: PLaCE Coordinator

Phone: (02) 9351 0323

Email: 4302304a0c22500218230c1d1a000834527f070f206b3000