Book contents
- Decoding Chinese Bilateral Investment Treaties
- Decoding Chinese Bilateral Investment Treaties
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- Abbreviations
- 1 Current Landscape and Puzzling Issues
- 2 China’s Foreign Investment Law in the Past Four Decades
- 3 Substantive Protection Provisions in Chinese BITs
- 4 Nondiscriminatory Standards in China’s BITs
- 5 Expropriation in Local and Global Contexts
- 6 How Are Chinese BITs Interpreted? Jurisprudential Review of Treaty Interpretative Tools in Chinese BIT-based Arbitration Cases
- 7 Parallel Proceedings under Chinese BITs
- 8 Transitional Clauses in Transition and the Black Hole in Chinese BIT Law
- 9 Evolutionary Path of China’s BIT Law in the Return of the State Paradigm: A Statistical and Textual Approach
- 10 Who Makes Chinese BITs? An Empirical Investigation
- 11 By Way of Conclusion: Chinese BIT Law and Practice in the Jungle
- Bibliography
- Index
9 - Evolutionary Path of China’s BIT Law in the Return of the State Paradigm: A Statistical and Textual Approach
Published online by Cambridge University Press: 17 August 2021
- Decoding Chinese Bilateral Investment Treaties
- Decoding Chinese Bilateral Investment Treaties
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- Abbreviations
- 1 Current Landscape and Puzzling Issues
- 2 China’s Foreign Investment Law in the Past Four Decades
- 3 Substantive Protection Provisions in Chinese BITs
- 4 Nondiscriminatory Standards in China’s BITs
- 5 Expropriation in Local and Global Contexts
- 6 How Are Chinese BITs Interpreted? Jurisprudential Review of Treaty Interpretative Tools in Chinese BIT-based Arbitration Cases
- 7 Parallel Proceedings under Chinese BITs
- 8 Transitional Clauses in Transition and the Black Hole in Chinese BIT Law
- 9 Evolutionary Path of China’s BIT Law in the Return of the State Paradigm: A Statistical and Textual Approach
- 10 Who Makes Chinese BITs? An Empirical Investigation
- 11 By Way of Conclusion: Chinese BIT Law and Practice in the Jungle
- Bibliography
- Index
Summary
This chapter unveils the evolutionary pattern of China’s BIT practices as well as the underlying logics of China’s BIT policies through statistical and textual analysis of China’s BITs. In the analytical paradigm of the return of the state, China has been a capital-importing state for a long time. Consequently, its BIT policy reflects its capital-importing status in that it aims toward attracting foreign investment. While developed countries are now in the trend of returning to state sovereignty by stressing their right to regulate, China has been slightly leaving its nonliberal position of overly preserving its sovereignty. Being now a capital exporter, China may be more conscious of stricter investment protection and less sovereign control. Nevertheless, substantive and procedural standards in Chinese BITs are still quite conservative without granting foreign investors too-liberal rights. China’s economic liberalization may be quite limited, though it claims to advocate globalization, in particular free trade and investment facilitation, by taking on a leadership position in globalization.
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- Decoding Chinese Bilateral Investment Treaties , pp. 254 - 299Publisher: Cambridge University PressPrint publication year: 2021
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