Politicization of the 5G Rollout: Litigation Way for Huawei?

WTI working paper no. 01/2023

22 Pages Posted: 1 Feb 2023

Date Written: January 31, 2023

Abstract

The great-power rivalry between the United States and China, the European Union’s policy of technological sovereignty, as well as the nature and economic implications of the fifth-generation wireless (5G) set the context for the politicization of said technology. This politicization is reflected in the growing resistance to the participation of the Chinese technology giant Huawei Technologies Co., Ltd. in the 5G projects.

As numerous states shore up legislation and administrative actions geared toward eliminating Huawei’s participation in their 5G networks, China has maintained a proactive posture and redoubled efforts to export Chinese 5G infrastructure. In its turn, Huawei, as the company bearing financial and reputational costs deriving from the prohibitions on its participation in the 5G rollout, seized the opportunity of calling into question the legality of such restrictions. To achieve this, the company initiated administrative proceedings and disputes at the domestic and international levels.

Keywords: 5G, Huawei, Litigation strategy, WTO, Investment arbitration, Technological competition, National security

JEL Classification: K33, K41

Suggested Citation

Bogdanova, Iryna, Politicization of the 5G Rollout: Litigation Way for Huawei? (January 31, 2023). WTI working paper no. 01/2023, Available at SSRN: https://ssrn.com/abstract=4345025 or http://dx.doi.org/10.2139/ssrn.4345025

Iryna Bogdanova (Contact Author)

World Trade Institute ( email )

Hallerstrasse 6
Bern, 3012
Switzerland

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