The Evolution of National Security at the Interface Between Domestic and International Investment Law and Policy: The Role of China
Lizzie Knight, Tania Voon
The Journal of World Investment & Trade | Brill Academic Publishers | Published : 2020
As China’s economy grows and the global economy increasingly digitalises, security takes on heightened significance. Security exceptions exist in numerous investment agreements and domestic regulatory frameworks for reviewing foreign investments. These reviews have shifted to focus on China, particularly for investments involving data. Continued expansion of security as a basis for rejecting investment applications threatens economic integration, while allowing international tribunals to review these decisions by ruling on this exception may be counterproductive. Alternatives exist at domestic and international levels. Domestically, a focus on evidence-based assessments and the imposition of..View full abstract
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Lizzie Knight is a Partner at Corrs Chambers Westgarth; LLB (Hons) (Monash); BA (Monash). Tania Voon is a Professor at Melbourne Law School; PhD (Cantab); LLM (Harv); Dip Int Law (Melb); LLB (Hons) (Melb); BSc (Melb). This article arises from independent research and does not necessarily reflect the views of any employer, client, or other entity. Part of this article is based on research funded by the Australian Research Council pursuant to the Discovery Project scheme (Project ID DP130100838). We thank the Academic Research Service at Melbourne Law School and Anna Bohacova, for valuable assistance in identifying and citing relevant sources, and Georgios Dimitropoulos, Neha Mishra, Andrew Mitchell, James Munro, Elizabeth Sheargold, and Peter Tzeng, for helpful comments. We are grateful for comments and questions from fellow panellists and participants at the Joint North American Conference on International Economic Law, hosted in Montreal on 21-22 September 2018 by the American Society of International Law, the Canadian Council on International Law, the Centre for International Governance Innovation, and McGill University. This article arose from research and discussion at the Workshop on `Comparative and International Investment Law: Prospects for Reform' hosted by the HBKU College of Law in Doha on 22 April 2018. The article was largely written in September 2018. Any errors or omissions are ours.