Expanding or contracting exceptions?: coordinating exceptions in international investment treaties and domestic investment instruments in China
Article from: TDM 1 (2015), in The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
Abstract
Embodied in a number of international investment agreements (IIAs), provisions of exceptions grant governments the right to regulate foreign investments in public interests without otherwise violating treaty obligation. Meanwhile, domestic laws and policies of the host states supervising foreign investment activities also include exceptions in which international capital is prohibited or regulated strictly. The scope and meaning of exceptions are complicated with controversy in light of the growing number of IIAs and arbitration awards. However, the exceptions practice in ...