Chinese Investment in Malaysia: COVID-19, Democracy and Beyond

(2023) 18(1) Asian Journal of Comparative Law 61-79

19 Pages Posted: 2 Nov 2022 Last revised: 15 Jun 2023

See all articles by Vivien Chen

Vivien Chen

Monash University - Department of Business Law & Taxation

Weitseng Chen

National University of Singapore (NUS) - Faculty of Law; Center for Asian Legal Studies (CALS)

Date Written: November 1, 2022

Abstract

China’s rising influence in parts of the developing world has raised concerns among the US and its allies. In the wake of the COVID-19 outbreak, the provision of vaccines and aid to countries in the Global South have further heightened anxieties over the potential for diffusion of China’s ideals. China’s investments are thought to promote the diffusion of its perspectives of rule of law and democracy, posing a challenge to the global dominance of Western liberal democratic values. Nonetheless, few studies have examined how the diffusion of China’s ideals may occur through its investments and infrastructure projects in young democracies such as Malaysia whose governance and legal system significantly outperform China’s according to various global indexes. This article investigates the increasing engagement with China and the reasons for this trend against the backdrop of Malaysia’s legal and political institutions inherited from the West. It considers how young democracies like Malaysia are vulnerable to China’s influence, intentional or unintentional, through investment. The analysis sheds light on the mechanisms that give rise to such vulnerability, exploring how the electoral system and rule of law may facilitate and amplify the impact of Chinese investment, with broader implications for democracy. Shared tacit understandings, such as the instrumentality of law and the nexus between state and business, which facilitate cross-country cooperation are also examined.

Keywords: democracy, rule of law, human rights, investment, state-owned companies

Suggested Citation

Chen, Vivien and Chen, Weitseng, Chinese Investment in Malaysia: COVID-19, Democracy and Beyond (November 1, 2022). (2023) 18(1) Asian Journal of Comparative Law 61-79, Available at SSRN: https://ssrn.com/abstract=4264739 or http://dx.doi.org/10.2139/ssrn.4264739

Vivien Chen (Contact Author)

Monash University - Department of Business Law & Taxation ( email )

Caulfield Campus
Sir John Monash Drive
Caulfield East, Victoria 3084
Australia

Weitseng Chen

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

Center for Asian Legal Studies (CALS) ( email )

469G Bukit Timah Road
Singapore, 259776
Singapore

HOME PAGE: http://https://law.nus.edu.sg/cals/

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