Holes in the Silk: Investor Protection under China’s Belt and Road Initiative

Abstract

Aiming to improve connectivity by building ‘roads’ that will channel economic development and achieve certain geopolitical and strategic objectives, the Belt and Road Initiative (BRI) is a critical element in China’s more comprehensive strategic play for a new and enhanced role in global economic governance. While often hyped by some as a modern form of the Marshall Plan, the BRI has been built on a weak foundation which threatens the economic and geopolitical objectives of the Initiative. This article focuses on the security of the Chinese international investment regime for private and state-owned investors confronting political and legal risks in BRI projects in various countries. Perhaps the greatest legal risk to Chinese investors is that China’s network of international investment treaties is insufficient to deal with the risks that Chinese investors face. After reviewing specific provisions and jurisprudence stemming from China’s treaties, the article provides possible mitigation strategies and solutions which China and investors can use to mitigate such risks.