The Future of Investor-State Dispute Settlement in the EU-China Comprehensive Agreement on Investment

Du, Ming

Abstract

This chapter intends to explore the future of the ISDS provisions in the CAI. Contrary to the dominant view that it is unlikely for China to be a supporter of the EU’s ISDS reform proposal, this chapter argue that such a conclusion may be premature. After a careful analysis of China’s submission to the UNITRAL Working Group III, the key feature of EU’s ICS, and a systemic evaluation of pertinent factors that are most relevant to China’s approach to ISDS reform, it is submitted that the divergence between the approaches to ISDS reform of the EU and China may not be unbridgeable. It is possible for China to agree to a two-tier ICS in the CAI, as the EU has concluded with other countries. Similarly, there are no strong reasons for China to oppose the EU’s MIC proposal, in particular after the EU indicated that the MIC proposal could take an open architecture.

Citation

Du, M. (2024). The Future of Investor-State Dispute Settlement in the EU-China Comprehensive Agreement on Investment. In A. Svetlicinii, & I.-J. Chen (Eds.), The EU-China Comprehensive Agreement on Investment: Towards a Binding Investment Liberalization (211-232). Springer. https://doi.org/10.1007/978-3-031-66862-3_11

• Online Publication Date: Dec 12, 2024
• Publication Date: Dec 13, 2024
• Deposit Date: Jul 29, 2024
• Publicly Available Date: Dec 13, 2025
• Publisher: Springer
• Peer Reviewed: Peer Reviewed
• Pages: 211-232
• Series Title: European Yearbook of International Economic Law
• Series ISSN: 2364-8392
• Edition: 1st ed.
• Book Title: The EU-China Comprehensive Agreement on Investment: Towards a Binding Investment Liberalization
• ISBN: 9783031668616
• DOI: https://doi.org/10.1007/978-3-031-66862-3_11
• Public URL: https://durham-repository.worktribe.com/output/2640260
• Publisher URL: https://link.springer.com/book/10.1007/978-3-031-66862-3
• Contract Date: Jun 3, 2024