China-US BIT Negotiations and the Future of Investment Treaty Regime: A Grand Bilateral Bargain with Multilateral Implications

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	China-US BIT Negotiations and the Future of Investment Treaty Regime: A Grand Bilateral Bargain with Multilateral Implications
	Cai Congyan ; Cai CY(蔡从燕)
刊名	http://dx.doi.org/10.1093/jiel/jgp020
	2009-06
关键词	UNITED-STATES EXON-FLORIO AGREEMENT POLICY
英文摘要	China and the United States declared to launch the Bilateral Investment Treaty (BIT) negotiations at the conclusion of the fourth China-US Strategic Economic Dialogue (SED) on June 18, 2008. This BIT negotiation revives a failed BIT program of 20 years ago. It can be expected that China-US BIT negotiations will be concluded successfully because China's approach to investment treaties has recently been Americanized to large degree and because China-US SED can also provide institutional support. Nevertheless, China should seriously evaluate what it will benefit from and will lose from this BIT program from multiple angles, not limited to investment regime only. What is more important, at the historical moment when structural deficiencies have made the investment treaty regime at a crossroad, China and the United States as great powers have a mandate to enhance to reconstruct and make it more balanced, responsive, and accountable through their BIT program. For this purpose, three fundamental dimensions of Special and Differentiated (S&D) treatment, conduct of investors, and sustainable development should be deliberately addressed.
语种	英语
出版者	J INT ECON LAW
内容类型	期刊论文
源URL	[http://dspace.xmu.edu.cn/handle/2288/87515]
专题	法学院－已发表论文
推荐引用方式 GB/T 7714	Cai Congyan,Cai CY. China-US BIT Negotiations and the Future of Investment Treaty Regime: A Grand Bilateral Bargain with Multilateral Implications[J]. http://dx.doi.org/10.1093/jiel/jgp020,2009.
APA	Cai Congyan,&蔡从燕.(2009).China-US BIT Negotiations and the Future of Investment Treaty Regime: A Grand Bilateral Bargain with Multilateral Implications.http://dx.doi.org/10.1093/jiel/jgp020.
MLA	Cai Congyan,et al."China-US BIT Negotiations and the Future of Investment Treaty Regime: A Grand Bilateral Bargain with Multilateral Implications".http://dx.doi.org/10.1093/jiel/jgp020 (2009).