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
5 - Expropriation in Local and Global Contexts
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
The doctrine and case law on expropriation in international investment law (IIL) is an unsettled area due to a variety of factors such as the diversity of interests between capital-importing and capital-exporting states, the divergence in legal, economic and cultural concepts of property rights, and, more importantly, the regulatory role of the state in cross-border investment activities. Although China has been an active “treaty-maker” in the universe of international investment arbitration, evidenced by its nearly 130 BITs, the notion of expropriation in these BITs is in a state of flux. This chapter scrutinizes the expropriation clauses in China’s BITs, in particular the Peru–China BIT and the Peru–China FTA, by reference to the final award of Tza Yap Shum v. The Republic of Peru, the first Chinese BIT arbitration case. This chapter attempts, in a comparative context, to understand the underlying rationality of China’s evolving stance on expropriation in both global and domestic contexts.
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- Decoding Chinese Bilateral Investment Treaties , pp. 115 - 143Publisher: Cambridge University PressPrint publication year: 2021