Pending Issues in China's BITs: National Treatment, MFN Treatment, Environmental Protection and Enforcement of Award
Article from: TDM 1 (2015), in The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
China's BITs can be categorized into two generations which developed alongside China's economic transformation from an IFDI recipient to an important source of OFDI. The second generation BITs broadly provide for national treatment for foreign investors. However, it remains unclear if, pursuant to this protection, foreign investors are entitled to treatment equivalent to that afforded to large Chinese state-owned enterprises which historically have held advantageous positions in China. It is expected that the Chinese government will add detailed environmental protection clauses ...