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Journal of International Economic Law Advance Access originally published online on August 7, 2008
Journal of International Economic Law 2008 11(3):507-526; doi:10.1093/jiel/jgn023
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© Oxford University Press 2008, all rights reserved

International Law and the Settlement of Investment Disputes Relating To China

Monika C. E. Heymann*

* The author practices EU and competition law at SJ Berwin LLP, Munich. Monika Heymann, Apianstr. 5, 80796 München, Germany. E-mail: monika.heymann{at}sjberwin.com


  Abstract

This article examines how international investment law can be used to resolve investment disputes in China. After a general overview over the basic structure of international investment law, it explores the international legal rules applicable to foreign investors in China and Chinese investors in third countries. It focuses on China's obligations under the Convention on the Settlement of Investment Disputes between States and Nationals of other States; the Convention establishing the Multilateral Investment Guarantee Agency, the WTO/GATT-regime and bilateral investment treaties. It thereby illustrates China's cautious approach to international arbitration and other international standards relating to the protection of foreign investors and the current trend in Chinese politics to turn to international law to protect its investors in third countries. The article concludes that—also caused by increasing Chinese outward investment—the international investment regime relating to China has left its infant stage and provides remedies for foreign investors in China and Chinese investors abroad.


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