Download this Paper Open PDF in Browser

The RCEP and Its Investment Rules: Learning from Past Chinese FTAs

The Chinese Journal of Global Governance, Vol. 3, No. 2, 2017, Forthcoming

29 Pages Posted: 23 Jan 2017 Last revised: 3 Aug 2017

Heng Wang

The University of New South Wales

Date Written: December 2, 2016

Abstract

China’s free trade agreements (FTAs) reveal malleability as the most striking feature. The paper analyzes the following questions: what is the trend of China’s FTA approach to investment concerning malleability? Is China a rule follower, shaker or maker? How may China approach the Regional Comprehensive Economic Partnership (RCEP) regarding investment? It argues first that the malleability will probably expand from investment protection to investment liberalization. China converges with deep FTAs regarding investment protection and may incrementally move to investment liberalization. Second, increased malleability of China’s FTAs exists in regulatory autonomy and investor-state dispute settlement. Third, China is likely to be a rule shaker in the short to medium term, and become a rule maker later if challenges are addressed. Its approach may evolve from selective adaption to selective innovation. Finally, the RCEP may adopt low-level investment rules and an early harvest approach due to, inter alia, existing agreements and the nature of mega FTA.

Keywords: China; RCEP; China-Australia FTA; China-Korea FTA; TPP; CETA; Investment; Convergence

Suggested Citation

Wang, Heng, The RCEP and Its Investment Rules: Learning from Past Chinese FTAs (December 2, 2016). The Chinese Journal of Global Governance, Vol. 3, No. 2, 2017, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2902926

Heng Wang (Contact Author)

The University of New South Wales ( email )

Faculty of Law
UNSW
Sydney, NSW 2052
Australia
+61 2 9385 9472 (Phone)

HOME PAGE: http://www.law.unsw.edu.au/profile/heng-wang

Paper statistics

Downloads
113
Rank
207,431
Abstract Views
439