Australia, China and the Asia-Pacific: The Regulation of Investment Flows into Australia

Abstract

Australia now has FTAs with investment provisions with ASEAN, Japan and Korea – the China agreement is now in its 20th round of negotiations and investment is, according to reports, a major issue. Australia is both a major exporter to developing countries and a recipient of substantial amounts of investment from developed and developing countries, particularly from China. It is also the subject of an investor-State arbitration (through the Hong Kong BIT). The paper addresses trade and investment regulations involving China, Australia and the Asia-Pacific. Although Australia cannot be placed in the category of a Southern country, its middle-level economy, and its role as a recipient of capital investment, presents some rather different issues to the developing-developed country analysis.

Keywords: Australia; investment; FDI; China; international investment agreements; bilateral investment agreements; free trade agreements; developing countries; investment policy