Book contents
- China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
- China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Abbreviations
- Introduction
- Part I China, BRI and International Dispute Resolution
- Part II China, BRI and International Trade Dispute Resolution
- Part III China, BRI and Investment Dispute Resolution
- 5 ICSID and the Evolution of ISDS
- 6 Tackling Political Risks through Treatization along the Belt and Road: A Minilateral Solution
- 7 Multilateral Reform of Investor–State Dispute Resolution Mechanism
- 8 Energy Dispute Resolution along the Belt and Road
- Part IV China, BRI and Resolution of Maritime Disputes
- Index
6 - Tackling Political Risks through Treatization along the Belt and Road: A Minilateral Solution
from Part III - China, BRI and Investment Dispute Resolution
Published online by Cambridge University Press: 03 March 2021
- China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
- China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Abbreviations
- Introduction
- Part I China, BRI and International Dispute Resolution
- Part II China, BRI and International Trade Dispute Resolution
- Part III China, BRI and Investment Dispute Resolution
- 5 ICSID and the Evolution of ISDS
- 6 Tackling Political Risks through Treatization along the Belt and Road: A Minilateral Solution
- 7 Multilateral Reform of Investor–State Dispute Resolution Mechanism
- 8 Energy Dispute Resolution along the Belt and Road
- Part IV China, BRI and Resolution of Maritime Disputes
- Index
Summary
It explores the BRI and China’s bilateral investment treaty (BIT) regime in the context of expropriation. It focuses on the notion of expropriation and the related compensation standard by examining expropriation clauses in China’s existing BITs. China’s BITs have been experiencing a generational evolution. Since 2006 when China signed a BIT with India, China includes the concept of indirect expropriation in her BITs. Yet most of the BITs between China and the BRI counterparties were signed before 2006, which suggests that the expropriation and compensation standards in these existing BITs were not up to higher standards for protecting China’s outbound investment in BRI counterparties. A sensible approach to fill in the gap is to have a BIT network covering China and BRI countries and applying the doctrines of indirect expropriation and ‘Hull Formula’ to compensate expropriated investment.
- Type
- Chapter
- Information
- China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’ , pp. 113 - 148Publisher: Cambridge University PressPrint publication year: 2021