Which Way Huawei? ISDS Options for Chinese Investors

Glinavos, I. 2020. Which Way Huawei? ISDS Options for Chinese Investors. in: Handbook of International Investment Law and Policy Springer.

Chapter titleWhich Way Huawei? ISDS Options for Chinese Investors
AuthorsGlinavos, I.
Abstract

This chapter explores how recent moves by western nations to restrict the involvement of Chinese multinational Huawei in 5G telecoms development could give rise to ISDS actions. China has been increasing its outgoing foreign investment and is now a player with global aspirations as evidenced in the Belt and Road Initiative (as well as remaining a major incoming destination for investment), yet Chinese investors have not made much use of ISDS provisions to defend their rights under investment treaties. Investment protections in BITs and other multilateral instruments were conceived as tools to protect western multinationals against errant behaviour of developing host states. The chapter investigates the degree to which Chinese investors can now use the same protections to protest what they perceive to be discriminatory treatment by western host states on the grounds of national security, using the example of Huawei operations in western states. The chapter contributes to an evolving understanding of investment standards of protection, exceptions to protection on the basis of national security, as well as offering policy insight on the use and future trajectory of ISDS mechanisms in investment treaties.

Keywords ISDS, ICSID, national security, China, Huawei, Germany, 5G
Book titleHandbook of International Investment Law and Policy
Year2020
PublisherSpringer
Publication dates
Published20 Apr 2020
ISBN9789811336157
Digital Object Identifier (DOI)doi:10.1007/978-981-13-5744-2_113-1
Web address (URL)https://link.springer.com/referenceworkentry/10.1007%2F978-981-13-5744-2_113-1

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