Procedural Models to Upgrade BITs: China's Experience

Procedural Models to Upgrade BITs: China’s Experience, Leiden Journal of International Law (December 2017)

Posted: 22 Dec 2017

See all articles by Jie Jeanne Huang

Jie Jeanne Huang

University of Sydney Law School; Duke University School of Law

Date Written: December 14, 2017

Abstract

With the rise of a new generation of investment policies, upgrading existing BITs is of significant interest to states. China has upgraded 28% of its investment treaties in various ways. Two investment arbitration tribunals and one highest court at the seat of arbitration have recently rendered decisions favoring the application of old Chinese BITs over the upgraded ones. China’s experience with upgrading BITs may provide general policy discourse and direction for other countries planning to upgrade their BITs. Using China’s experience, this paper categorises different methods of upgrading BITs into the Co-existence Model (parties to an old BIT join existing or new FTAs or a regional investment agreement), the Replacement Model (replace an old BIT with a new one), the Amendment Model (amend an old BIT by a protocol) and the Joint Interpretation Model (make a diplomatic announcement to interpret a BIT). This paper also discusses the benefits and challenges of each Model and concludes with directions for future BIT upgrading.

Keywords: China, Bilateral Investment Treaty, Procedure Model, One Belt and One Road, Free Trade Agreement

Suggested Citation

Huang, Jie Jeanne, Procedural Models to Upgrade BITs: China's Experience (December 14, 2017). Procedural Models to Upgrade BITs: China’s Experience, Leiden Journal of International Law (December 2017). Available at SSRN: https://ssrn.com/abstract=3087837

Jie Jeanne Huang (Contact Author)

University of Sydney Law School ( email )

Sydney
Australia

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Register to save articles to
your library

Register

Paper statistics

Abstract Views
220
PlumX Metrics