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Explaining China’s approach to investor-state dispute settlement reform: a contextual perspective (2023)
Journal Article
Du, M. (2023). Explaining China’s approach to investor-state dispute settlement reform: a contextual perspective. European Law Journal: Review of European Law in Context, 28(4-6), 281-303. https://doi.org/10.1111/eulj.12468

China's approach to ISDS reform is widely perceived as undecided and ambiguous. This paper provides the first detailed analysis of China's submission to the UNITRAL Working Group III and situates China's approach in the context of global dialogue of... Read More about Explaining China’s approach to investor-state dispute settlement reform: a contextual perspective.

Unpacking the Black Box of China's State Capitalism (2023)
Journal Article
Du, M. (2023). Unpacking the Black Box of China's State Capitalism. German law journal, 24(1), 125-150. https://doi.org/10.1017/glj.2023.2

Much ink has been splashed on the ideological, conceptual, and practical challenges that China’s state capitalism has posed to global trade rules. There is a growing perception that the current international trade rules are neither conceptually coher... Read More about Unpacking the Black Box of China's State Capitalism.

Huawei Strikes Back: Challenging National Security Decisions before Investment Arbitral Tribunals (2023)
Journal Article
Du, M. (2023). Huawei Strikes Back: Challenging National Security Decisions before Investment Arbitral Tribunals. Emory international law review, 37(1), 1-54

As a direct reaction to rising investment from China amid the transformation of the geopolitical context in which China has emerged as a great power, Western countries, including the United States, have introduced new or reinforced existing national... Read More about Huawei Strikes Back: Challenging National Security Decisions before Investment Arbitral Tribunals.

China's State-owned Enterprises and International Investment Law (2022)
Journal Article
Du, M. (2022). China's State-owned Enterprises and International Investment Law. Georgetown Journal of International Law, 53(4), 627-734

Not only do Chinese SOEs play a key role in China’s domestic economy, but they are also a major force in implementing the Government of China’s ambitious Belt and Road Initiative. The expansion of Chinese SOEs’ global footprint has caused widespread... Read More about China's State-owned Enterprises and International Investment Law.

From ‘Non-market Economy’ to ‘Significant Market Distortions’: rethinking the EU anti-dumping regulation and China’s state interventionism (2022)
Journal Article
Du, M. (2022). From ‘Non-market Economy’ to ‘Significant Market Distortions’: rethinking the EU anti-dumping regulation and China’s state interventionism. Yearbook of European Law, 41, 314-347. https://doi.org/10.1093/yel/yeac004

This article questions the consistency of the EU antidumping regulation with the WTO Antidumping Agreement. It argues that with the expiry of paragraph 15 (a) (ii) on 11 December 2016, China’s WTO Accession Protocol may no longer provide the legal ba... Read More about From ‘Non-market Economy’ to ‘Significant Market Distortions’: rethinking the EU anti-dumping regulation and China’s state interventionism.

Towards a Win-Win EU-China Bilateral Investment Treaty: Challenges and Prospects (2022)
Book Chapter
Bush, C., & Du, M. (2022). Towards a Win-Win EU-China Bilateral Investment Treaty: Challenges and Prospects. In Y. Kim (Ed.), China and the Belt and Road Initiative (145-177). (1). Springer Verlag. https://doi.org/10.1007/978-3-030-86122-3_7

Bilateral investment between China and the EU has accelerated rapidly, with both sides seeking a mutually beneficial yet sustainable relationship. Limitations remain however, given that the current legal framework governing EU-China investments are r... Read More about Towards a Win-Win EU-China Bilateral Investment Treaty: Challenges and Prospects.

The Status of Chinese State-owned Enterprises in International Investment Arbitration: Much Ado about Nothing? (2021)
Journal Article
Du, M. (2021). The Status of Chinese State-owned Enterprises in International Investment Arbitration: Much Ado about Nothing?. Chinese Journal of International Law, 20(4), 785-815. https://doi.org/10.1093/chinesejil/jmab040

Chinese State-owned enterprises (SOEs) play a key role not only in China’ domestic market, but also in implementing the Government of China (GOC)’s ambitious Belt and Road Initiative. Accordingly, Chinese SOEs have increasingly fallen back on investo... Read More about The Status of Chinese State-owned Enterprises in International Investment Arbitration: Much Ado about Nothing?.

The Future of Investor-State Dispute Settlement: Exploring China’s Changing Attitude (2021)
Book Chapter
Du, M., & Shen, W. (2021). The Future of Investor-State Dispute Settlement: Exploring China’s Changing Attitude. In J. Chaisse, L. Choukroune, & S. Jusoh (Eds.), Handbook of international investment law and policy (2483-2506). Springer Verlag. https://doi.org/10.1007/978-981-13-3615-7_86

The legitimacy of investor-State dispute settlement (ISDS) system has come under fire in recent years, and the call for reform or even transformation of global foreign direct investment governance is in vogue, with proposals ranging from incremental... Read More about The Future of Investor-State Dispute Settlement: Exploring China’s Changing Attitude.

Voluntary Eco-Labels in International Trade Law: A Case Study of the EU Eco-Label (2021)
Journal Article
Du, M. (2021). Voluntary Eco-Labels in International Trade Law: A Case Study of the EU Eco-Label. Journal of Environmental Law, 33(1), 167-193. https://doi.org/10.1093/jel/eqaa022

One category of voluntary approaches to environmental governance is ecolabels used to nudge consumers towards purchasing environmentally friendly products. The purpose of this article is to critically review the trade law implications of voluntary ec... Read More about Voluntary Eco-Labels in International Trade Law: A Case Study of the EU Eco-Label.

Explaining the Limits of the WTO in Shaping the Rule of Law in China (2020)
Journal Article
Du, M., & Kong, Q. (2020). Explaining the Limits of the WTO in Shaping the Rule of Law in China. Journal of International Economic Law, 23(4), 885-905. https://doi.org/10.1093/jiel/jgaa027

When China acceded to the World Trade Organization in 2001, pundits were enthusiastic about the prospect that China’s World Trade Organization membership would boost international trade, encourage China’s restructuring toward a market economy, discip... Read More about Explaining the Limits of the WTO in Shaping the Rule of Law in China.

Clearing the fog: Forest Stewardship Council labelling and the World Trade Organization (2020)
Journal Article
Du, M. (2021). Clearing the fog: Forest Stewardship Council labelling and the World Trade Organization. Review of European, Comparative & International Environmental Law, 30(1), 81-94. https://doi.org/10.1111/reel.12373

This article aims to clarify three long-standing puzzles concerning the place of private standards in the World Trade Organization (WTO) through the lens of FSC labelling. The first question is whether the FSC label falls within the regulatory scope... Read More about Clearing the fog: Forest Stewardship Council labelling and the World Trade Organization.

WTO Regulation of Transnational Private Authority in Global Governance (2018)
Journal Article
Du, M. (2018). WTO Regulation of Transnational Private Authority in Global Governance. International and Comparative Law Quarterly, 67(4), 867-902. https://doi.org/10.1017/s0020589318000313

Following the proliferation of private standards in the global supply chain trade, it has become clear that these can have adverse effects on international commerce and world welfare in the same way that government-imposed mandatory regulations do. H... Read More about WTO Regulation of Transnational Private Authority in Global Governance.