A U.S.-China BIT - Resolution of Investment Disputes in the Context of Transparency Issues
Published 17 March 2015
A U.S.-China BIT - Resolution of Investment Disputes in the Context of Transparency Issues by Kristina Andelic
Abstract (March 2015)
Transparency has become of high relevance when it comes to investment disputes. Specifically, it's very important for creation of social legitimacy for Investor-State dispute settlement system, which has been debated a lot in the last period. Taking into account that international investment law shapes and develops under the influence of interrelations in international business community, this paper focuses on reassessment of power relations in the world's economy, the impact that world's largest economies might have on international trade and foreign capital flows, and the outcome these developments might have on how resolution of foreign investments disputes is regulated. A U.S. - China BIT provides good grounds for such predictions. Given the fact that U.S. and China have different traditions in relation to investment disputes transparency issues, it is of the essence to consider how their reconciliation might affect shaping of further regulation and practice in this area. This paper offers an overview of potential of the U.S. - China BIT to influence future developments, and implications it might have on shaping public opinion on Investor-State dispute settlement system.
Addendum to the TDM 1 (2015) - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century special