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篇目详细内容 |
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【篇名】 |
The ASEAN-China Investment Agreement: A Regionalization of China’s BITs |
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【刊名】 |
Frontiers of Law in China |
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【刊名缩写】 |
Front. Law China |
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【ISSN】 |
1673-3428 |
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【EISSN】 |
1673-3541 |
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【DOI】 |
10.1007/s11463-011-0127-3 |
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【出版社】 |
Higher Education Press and Springer-Verlag |
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【出版年】 |
2011 |
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【卷期】 |
6
卷2期 |
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【页码】 |
241-258
页,共
18
页 |
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【作者】 |
Jun Xiao;
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【关键词】 |
ASEAN-China Investment Agreement; BITs; FTAs; investment protection; investment liberalization |
【摘要】 |
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This paper analyzes the provisions of the Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation between China and the Association of Southeast Asian Nations (the “ASEAN”), especially those on the scope of application, national treatment, Most Favored Nation (MFN) treatment, expropriation, and investor-state dispute resolution. The paper then compares the new agreement with other international investment agreements concluded by China or ASEAN. In comparison with existing Bilateral Investment Treaties (BITs) between China and individual ASEAN member states, there are significant changes in the Investment Agreement which provides a higher standard of investment protection. Such an investment protection is common in the new generation of Chinese BITs, which were signed by China since 2000. However, unlike some other investment agreements in free trade arrangements, the Investment Agreement rarely touches upon the investment liberalization, although the Framework Agreement of ASEAN-China FTA provides for creating a liberal investment regime. This paper concludes that negotiating an investment agreement in China’s Free Trade Agreements (FTAs) is regarded as an opportunity to update its old BITs, but China is not yet prepared to undertake investment liberalization in its FTAs. The ASEAN-China Investment Agreement is, rather, an extension of China’s BITs at the regional level, which is a demonstration of China’s growing influence at this level. |
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