Outward Foreign Direct Investment Protection and the Effectiveness of Chinese BIT Practice

Outward Foreign Direct Investment Protection and the Effectiveness of Chinese BIT Practice Introduction Following introduction of the reform and opening policies in the late 1970s, China played a major role in the world as a capital absorber, which, to a large extent, made China's government and international lawyers read international investment law from the perspective of a capital-importing country. However, as an important part of the outward investment of developing countries, Chinese outward foreign direct investment (<7Fn1) has emerged in recent years, the investment flows and investment stocks of which have been taking a leading role among developing countries, and its great potential has received attention from many countries. China is supposed to have larger and larger national interests in both capital import and capital export. In this new context, the Chinese government and scholars are all changing their understanding of international investment law. In this article, the author focuses on how China protects its OFDI effectively through bilateral investment treaties (BITS). The article is structured into four Sections in addition to an Introduction and Conclusion. The first Section introduces the latest developments in Chinese OFI)I activities and OFDI policy. Section u examines BITS' function of investment protection and the special significance and complication of Chinese OFDI protection. In Section http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Outward Foreign Direct Investment Protection and the Effectiveness of Chinese BIT Practice

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Publisher
BRILL
Copyright
Copyright 2006 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
D.O.I.
10.1163/221190006X00342
Publisher site
See Article on Publisher Site

Abstract

Introduction Following introduction of the reform and opening policies in the late 1970s, China played a major role in the world as a capital absorber, which, to a large extent, made China's government and international lawyers read international investment law from the perspective of a capital-importing country. However, as an important part of the outward investment of developing countries, Chinese outward foreign direct investment (<7Fn1) has emerged in recent years, the investment flows and investment stocks of which have been taking a leading role among developing countries, and its great potential has received attention from many countries. China is supposed to have larger and larger national interests in both capital import and capital export. In this new context, the Chinese government and scholars are all changing their understanding of international investment law. In this article, the author focuses on how China protects its OFDI effectively through bilateral investment treaties (BITS). The article is structured into four Sections in addition to an Introduction and Conclusion. The first Section introduces the latest developments in Chinese OFI)I activities and OFDI policy. Section u examines BITS' function of investment protection and the special significance and complication of Chinese OFDI protection. In Section

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2006

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