The Potential EU-China BIT: Issues and Implications

EU and Investment Agreements: Open Questions and Remaining Challenges, Marc Bungenberg, August Reinisch, and Christian Tietje (eds.), Hart and Nomos, March 2012: 87-120

Posted: 1 Jun 2013 Last revised: 28 Nov 2013

See all articles by Wenhua Shan

Wenhua Shan

Xi'an Jiaotong University (XJTU)

Sheng Zhang

Xi'an Jiaotong University

Date Written: May 31, 2013

Abstract

This article attempts to discuss the issues and implications of the potential bilateral investment treaty between the EU and China, the negotiation of which was recently launched. After briefly exploring the current legal framework governing mutual investment between China and EU, including the developments after the Treaty of Lisbon, it focuses on the general and specific issues that may be involved in the potential BIT including the regulation of State Owned Enterprises, national security review, pre-establishment national treatment, transparency and exhaustion of local remedy. The paper concludes that the EU-China BIT will help enhance the EU-China bilateral investment relations, improve the legal framework of China and contribute to the development of global international investment regime.

Suggested Citation

Shan, Wenhua and Zhang, Sheng, The Potential EU-China BIT: Issues and Implications (May 31, 2013). EU and Investment Agreements: Open Questions and Remaining Challenges, Marc Bungenberg, August Reinisch, and Christian Tietje (eds.), Hart and Nomos, March 2012: 87-120 . Available at SSRN: https://ssrn.com/abstract=2272501

Wenhua Shan

Xi'an Jiaotong University (XJTU) ( email )

26 Xianning W Rd.
Xi'an Jiao Tong University
Xi'an, Shaanxi 710049
China

Sheng Zhang (Contact Author)

Xi'an Jiaotong University ( email )

26 Xianning W Rd.
Xi'an Jiao Tong University
Xi'an, Shaanxi 710049
China

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