The China–South Africa Bilateral Investment Treaty: National rule of law versus international rule of law

Abstract

ABSTRACTThis article analyses the primary provisions of the China–South Africa Bilateral Investment Treaty (BIT) and illustrates that this BIT differs in many ways from South Africa’s BITs with Western countries. Given current shifts in international investment policy and law in both South Africa and China, this article suggests that it is necessary to carefully consider the future of the China–South Africa BIT, ultimately arguing that South Africa should adopt differential policies towards the China–South Africa BIT by maintaining or updating the existing BIT between these two nations. An updated BIT could act as a model for future South–South BITs and should integrate new elements which are in line with the development of international investment law, maintain a balanced interest between the host state and foreign investors, and conform to the fundamental realities of the partner countries.