Opening Pre-Establishment National Treatment in International Investment Agreements: An Emerging "New Normal" in China?
Room 605, Level 6
Melbourne Law School
185 Pelham Street
Pre-establishment national treatment with a negative list is gradually becoming the “new normal” in Chinese international investment law. The history of China’s approach to national treatment in Chinese international investment agreements (IIAs) can be divided into three stages: first, China’s almost complete rejection of national treatment in the 1980s and 1990s; second, its conditional acknowledgment of post-establishment national treatment from 2000-2013; and third, its adoption of pre-establishment national treatment with a negative list after 2013. Each of the stages accords with China’s internal investment development, as well as its role in the international economy.
The recent shift towards pre-establishment national treatment is reflected in both China’s domestic investment system reform and its evolving approach to IIAs: Namely, that China is adapting to prevailing international investment law standards. This shift is having a profound influence on China’s legislative and administrative reforms. Ultimately, the implied liberal doctrine may bring both cooperative opportunities and challenges for both China and its investment and trade partners.
Dr Qianwen Zhang, Assistant Professor
Dr Qianwen Zhang
China Southwest Jiaotong University
[Qianwen Zhang](https://cn.linkedin.com/in/qianwenzhangbb99ab26) is an Assistant Professor in the Faculty of Public Administration and Law in China Southwest Jiaotong University. Prior to her position at Jiaotong University, Qianwen worked for the Chengdu Municipal Development and Reform Commission. She is currently a visiting scholar with the Global Economic Law Network at Melbourne Law School. Her research interests include international investment law and dispute resolution.