CWR > Volume 5(2); 2019 > Articles
Research Paper
Published online: September 1, 2019

Addressing the Global Backlash against Investment Arbitration? A Multilateral Investment Agreement and China

Junqing Chao
The University of Hong Kong
Room 425, Cheng Yu Tung Tower, The University of Hong Kong, Pokfulam Road, Hong Kong.
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.


Over the past decade, the backlash against investment arbitration has become worldwide and correspondingly the investment treaty reform has been undertaken at multiple levels. In this context, a multilateral investment agreement (“MIA”) has been called for as a global effort to address the global backlash. Arguably, the current condition for a MIA might be more favorable than before, as the interests of developed countries and developing countries have changed. After examining the need of a MIA for the global backlash, this paper attempts to explore China’s recent practice in this aspect, including that (1) China’s changing interest in outward foreign direct investment and investment treaty practice reflect the changing landscape of international investment law; (2) the 2016 G20 under China’s presidency achieved the Guiding Principles for Global Investment Policymaking; and (3) China has joined to work on a multilateral framework on investment facilitation at the WTO.

Keywords : Sole Nationality, Right to Nationality, Expatriation, Prohibition of Arbitrary Deprivation of Nationality, Dual Nationality

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