- Title Pages
- Series Editor’s Preface
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- Biographical Information on Authors (Alphabetical Order)
- Introduction
- 1 China’s Inward Investment
- 2 China’s Outward Investment
- 3 Impact of Tax Factors on Chinese FDIs
- 4 Chinese SOE Investments and the National Security Protection under IIAs
- 5 Nationwide Regulatory Reform Starting from China’s Free Trade Zones
- 6 Addressing Sustainable Development Concerns through IIAs
- 7 Lessons Learned from the Canada–China FIPA for the US–China BIT and beyond
- 8 Innovation as a Catalyst in the China–Israel Investment Relationship
- 9 Drivers and Issues of China–EU Negotiations for a Comprehensive Agreement on Investment
- 10 Issues on SOEs in BITs
- 11 Towards a Fourth Generation of Chinese Treaty Practice
- 12 Substantive Provisions of the East Asian Trilateral Investment Agreement and their Implications
- 13 The RCEP Investment Rules and China
- 14 Towards an Asia-Pacific Regional Investment Regime
- 15 A New Era in Cross-strait Relations? A Post-sovereign Enquiry in Taiwan’s Investment Treaty System
- 16 China Moves the G20 towards an International Investment Framework and Investment Facilitation
- 17 G20 Guiding Principles for Global Investment Policy-making
- 18 Beware of Chinese Bearing Gifts
- 19 The Political Economy of Chinese Outward Foreign Direct Investment in ‘One-Belt, One-Road (OBOR)’ Countries
- 20 China’s Role and Interest in Central Asia
- 21 The International Fraud and Corruption Sanctioning System
- 22 He Who Makes the Rules Owns the Gold
- 23 Investment Treaty Arbitration in Asia
- 24 Investment Disputes under China’s BITs
- 25 Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime
- 26 Use of Investor–state against China’s Enforcement of the Anti-Monopoly Law
- 27 Implementing Investor–state Mediation in China’s Next Generation Investment Treaties
- Index
Investment Treaty Arbitration in Asia
Investment Treaty Arbitration in Asia
The China Factor
- Chapter:
- (p.430) 23 Investment Treaty Arbitration in Asia
- Source:
- China's International Investment Strategy
- Author(s):
Matthew Hodgson
Adam Bryan
- Publisher:
- Oxford University Press
This chapter seeks to explore China’s approach to bilateral investment treaties and uses this to help consider its possible future strategy. In particular, the chapter considers the interaction of the growth and nature of China’s inward- and outward-bound foreign direct investment, with the protections provided in the BITs and the identity of counterparty states. As enthusiasm for investment treaties in the West stands at a crossroads—in the face of public antipathy in Europe to the draft TTIP treaty, and hostility from the Trump administration to investment treaties in general—there is maybe an opportunity for China to demonstrate leadership and cooperation to regional and global economic partners. This chapter first maps the evolution of the protections provided in China’s investment treaties, from the rudimentary protections in the early generation investment treaties to the wider-scale coverage in the more recent investment treaties. The chapter also reflects upon the extent to which China has succeeded in protecting its outbound investment, and the counter-balance of the protections granted to inbound investment. It considers (the relatively few) cases that have been brought under Chinese investment treaties and performs a statistical analysis of the protection of Chinese foreign direct investment stocks, by reference to competitor economies. Finally, this chapter looks at where China may focus its attentions next, particularly in the context of the Trump administration in the US and China’s investment priorities.
Keywords: TTIP, Trump, NAFTA, foreign direct investment, investor–state dispute settlement, multi-national enterprises
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .
- Title Pages
- Series Editor’s Preface
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- Biographical Information on Authors (Alphabetical Order)
- Introduction
- 1 China’s Inward Investment
- 2 China’s Outward Investment
- 3 Impact of Tax Factors on Chinese FDIs
- 4 Chinese SOE Investments and the National Security Protection under IIAs
- 5 Nationwide Regulatory Reform Starting from China’s Free Trade Zones
- 6 Addressing Sustainable Development Concerns through IIAs
- 7 Lessons Learned from the Canada–China FIPA for the US–China BIT and beyond
- 8 Innovation as a Catalyst in the China–Israel Investment Relationship
- 9 Drivers and Issues of China–EU Negotiations for a Comprehensive Agreement on Investment
- 10 Issues on SOEs in BITs
- 11 Towards a Fourth Generation of Chinese Treaty Practice
- 12 Substantive Provisions of the East Asian Trilateral Investment Agreement and their Implications
- 13 The RCEP Investment Rules and China
- 14 Towards an Asia-Pacific Regional Investment Regime
- 15 A New Era in Cross-strait Relations? A Post-sovereign Enquiry in Taiwan’s Investment Treaty System
- 16 China Moves the G20 towards an International Investment Framework and Investment Facilitation
- 17 G20 Guiding Principles for Global Investment Policy-making
- 18 Beware of Chinese Bearing Gifts
- 19 The Political Economy of Chinese Outward Foreign Direct Investment in ‘One-Belt, One-Road (OBOR)’ Countries
- 20 China’s Role and Interest in Central Asia
- 21 The International Fraud and Corruption Sanctioning System
- 22 He Who Makes the Rules Owns the Gold
- 23 Investment Treaty Arbitration in Asia
- 24 Investment Disputes under China’s BITs
- 25 Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime
- 26 Use of Investor–state against China’s Enforcement of the Anti-Monopoly Law
- 27 Implementing Investor–state Mediation in China’s Next Generation Investment Treaties
- Index
