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Professor Ming Du's Outputs (53)

State-owned Enterprises (2025)
Book Chapter
Du, M. (2025). State-owned Enterprises. In J. Chaisse, & C. Herrmann (Eds.), The International Law of Economic Integration (963-976). Oxford University Press

Despite three decades of extensive state reform and privatization, State-owned enterprises (SOEs) remain key players in the global economy. The expansion of SOEs’ global footprint has caused widespread concerns about their implications for fair compe... Read More about State-owned Enterprises.

The Future of Investor-State Dispute Settlement in the EU-China Comprehensive Agreement on Investment (2024)
Book Chapter
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

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

The Dejudicialization of International Dispute Settlement: A Paradigm Shift in International Economic Law? (2024)
Journal Article
Du, M., & Peng, D. L. (2024). The Dejudicialization of International Dispute Settlement: A Paradigm Shift in International Economic Law?. Journal of World Trade, 58(6), 895-918

The objective of this article is to reflect on the rise and decline of judicialization in international trade and investment regimes and explore the future of international economic dispute settlement. It makes three key arguments. First, the severe... Read More about The Dejudicialization of International Dispute Settlement: A Paradigm Shift in International Economic Law?.

International Investment Law and the Rule of Law: The Case of China (2024)
Journal Article
Du, M. (2024). International Investment Law and the Rule of Law: The Case of China. Washington international law journal, 33(2), 314-344

The purpose of this article is to engage critically with the narrative of the impact of international investment law on domestic governance and the rule of law of a nation state. Using China as a case study, this article argues that the role of inter... Read More about International Investment Law and the Rule of Law: The Case of China.

International Economic Law in the Era of Great Power Rivalry (2024)
Journal Article
Du, M. (2024). International Economic Law in the Era of Great Power Rivalry. Vanderbilt Journal of Transnational Law, 57(3), 723-794

It is a common refrain for policymakers, scholars, and journalists to declare that the United States and China are heading toward, or already engaged in, a New Cold War. International legal theory holds that powerful states tend to use international... Read More about International Economic Law in the Era of Great Power Rivalry.

China’s Green Industrial Policy and Its Implications for the EU– China Relationship (2024)
Book Chapter
Du, M. (2024). China’s Green Industrial Policy and Its Implications for the EU– China Relationship. In F. Cappelletti, & G. Pogorel (Eds.), Sustainable? Competitive? The EU’s Industrial Autonomy – Facts and Fantasies (61-66). Brussels: European Liberal Forum. https://doi.org/10.53121/ELFS7

The chapter seeks to unpack China’s green industrial policy and explore its implications for the China–EU relationship. It argues,
first, that the role of state-level centralised green industrial policy is key to China’s achievements in renewable en... Read More about China’s Green Industrial Policy and Its Implications for the EU– China Relationship.

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.