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Should “the Perspective of South-North Contradictions” Be “Abandoned”? – Focusing on “2012 Sino-Canada BIT”

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The rapid development of China’s economy not only has upgraded its international economic rank, but also has accelerated its pace of outward investment. Meanwhile, China and several dozens of other developing countries are stuck in a disadvantageous status caused by consequent remarks, such as that “China is no longer a developing country”, that “the perspective of South-North Contradictions is already outdated and should be abandoned during the process of concluding BITs and establishing international economic rules in general”, etc. However, the rationale and accuracy of these remarks as well as the exact meaning hidden behind all remain open to question. This Article, from the source and stream of South-North Contradictions and modern BITs, focusing on the typical example of two core provisions selected from the newly concluded 2012 Sino-Canada BIT, endeavors to demonstrate that the “perspective of South-North Contradictions” cannot and should not be abandoned during the process of BIT negotiations and establishing international economic rules in general.

Affiliations: 1: a)Senior Professor of Law School, Xiamen University, People’s Republic of China, Chairman, Chinese Society of International Economic Law (1993-2011), Honorable Chairman of the same (2012-), International Arbitrator, the International Centre for Settlement of Investment Disputes (ICSID) under the Washington Convention, since 1993, chenan@xmu.edu.cn; 2: b)Ph. D Candidate of International Economic Law, Law School of Xiamen University, People’s Republic of China, guenuo212@163.com

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/content/journals/10.1163/22119000-01402004
2013-01-01
2016-12-03

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