Publication Type

Journal Article

Version

publishedVersion

Publication Date

10-2017

Abstract

China’s free trade agreements (FTAs) reveal malleability as the most striking feature. The paper analyzes the following questions: what is the trend of China’s fta approach to investment concerning malleability? Is China a rule follower, shaker or maker? How may China approach the Regional Comprehensive Economic Partnership (RCEP) regarding investment? It argues first that the malleability will probably expand from investment protection to investment liberalization. China converges with deep ftas regarding investment protection and may incrementally move to investment liberalization. Second, increased malleability of China’s ftas exists in regulatory autonomy and investor-state dispute settlement. Third, China is likely to be a rule shaker in the short to medium term, and become a rule maker later if challenges are addressed. Its approach may evolve from selective adaption to selective innovation. Finally, the rcep may adopt low-level investment rules and an early harvest approach due to, inter alia, existing agreements and the nature of mega FTA.

Keywords

RCEP, investment, China, FTAs, malleability, selective innovation

Discipline

Asian Studies | International Trade Law

Research Areas

Public International Law, Regional and Trade Law

Publication

Chinese Journal of Global Governance

Volume

3

Issue

2

First Page

160

Last Page

181

ISSN

2352-5193

Identifier

10.1163/23525207-12340026

Publisher

Brill Academic Publishers

Copyright Owner and License

Authors-CC-BY-NC

Creative Commons License

Creative Commons Attribution 3.0 License
This work is licensed under a Creative Commons Attribution 3.0 License.

Additional URL

https://doi.org/10.1163/23525207-12340026

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