TY - JOUR
AU - Congyan, Cai
AB - China and the United States declared to launch the Bilateral Investment Treaty (BIT) negotiations at the conclusion of the fourth ChinaUS Strategic Economic Dialogue (SED) on June 18, 2008. This BIT negotiation revives a failed BIT program of 20 years ago. It can be expected that ChinaUS BIT negotiations will be concluded successfully because China's approach to investment treaties has recently been Americanized to large degree and because ChinaUS SED can also provide institutional support. Nevertheless, China should seriously evaluate what it will benefit from and will lose from this BIT program from multiple angles, not limited to investment regime only. What is more important, at the historical moment when structural deficiencies have made the investment treaty regime at a crossroad, China and the United States as great powers have a mandate to enhance to reconstruct and make it more balanced, responsive, and accountable through their BIT program. For this purpose, three fundamental dimensions of Special and Differentiated (S&D) treatment, conduct of investors, and sustainable development should be deliberately addressed.
TI - ChinaUS BIT Negotiations and the Future of Investment Treaty Regime: A Grand Bilateral Bargain with Multilateral Implications
JO - Journal of International Economic Law
DO - 10.1093/jiel/jgp020
DA - 2009-06-22
UR - https://www.deepdyve.com/lp/oxford-university-press/chinaus-bit-negotiations-and-the-future-of-investment-treaty-regime-a-820KevBkLE
SP - 457
EP - 506
VL - 12
IS - 2
DP - DeepDyve
ER -