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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front Law Chin    2011, Vol. 6 Issue (2) : 241-258    https://doi.org/10.1007/s11463-011-0127-3
research-article
The ASEAN-China Investment Agreement: A Regionalization of China’s BITs
Jun Xiao()
Institute of International Law, Wuhan University, Wuhan 430072, China
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Abstract

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.

Keywords ASEAN-China Investment Agreement      BITs      FTAs      investment protection      investment liberalization     
Corresponding Author(s): Jun Xiao,Email:junxiao70@googlemail.com   
Issue Date: 05 June 2011
 Cite this article:   
Jun Xiao. The ASEAN-China Investment Agreement: A Regionalization of China’s BITs[J]. Front Law Chin, 2011, 6(2): 241-258.
 URL:  
https://academic.hep.com.cn/flc/EN/10.1007/s11463-011-0127-3
https://academic.hep.com.cn/flc/EN/Y2011/V6/I2/241
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