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9 The Chinese Investment Treaty Programme, Jurisdictional Challenges and Investment Planning: The Example of Chinese Outbound Investments in the Natural Resources Sector

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Chapter Summary

This chapter discusses outward Chinese natural resources investments from an investment treaty perspective. It provides a general overview of Chinese investments in this field. The chapter analyses whether the bilateral investment treaties (BITs) protecting such investments offer a satisfactory procedural and substantive protection level. It addresses measures that may be adopted to improve the level of protection. China's rapid economic growth has created an enormous demand for energy and raw materials. For instance, China is the world's largest consumer of coal, steel, nickel, copper, aluminium, zinc, iron ore and tin and the world's second largest consumer of oil and lead. This has, in turn, led to a correspondingly dramatic expansion of China's natural resources-based outbound foreign direct investment (ODIs). Chinese investors investing overseas, just like investors in the rest of the world, may also use interposed companies to strengthen their investment protection.

Keywords: bilateral investment treaties (BITs); Chinese natural resources investments; investment protection; outbound foreign direct investment (ODIs)



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