Author
Ms Wang Boyuan
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
International Investment Law
Title
Sustainable Development in Asia: The Determination of Indirect Expropriation and Its Exceptions Under the Coordination of RCEP
Abstract
" Asian Development" and "sustainable development" are two pivotal forces driving the reform of international investment rules. The Regional Comprehensive Economic Partnership (RCEP) stands as a landmark achievement in the reform of economic and trade rules led by developing countries in Asia, embodying the practical experience of sustainable development in Asia. It has effectively facilitated international economic and trade cooperation among Asian countries with divergent levels of sustainable development practices and provided valuable insights for the reform of international investment rules. Correspondingly, the indirect expropriation regime established under the RCEP profoundly reflects the shaping process of international investment rules by "Asian Development" and "sustainable development", and highlights the practical trends of sustainable development among Asian countries. This is specifically manifested in four dimensions of changes: the evolution of the definition of indirect expropriation, the interpretation and adjustment of the weight of its determining factors, the modifications to the exception clauses on indirect expropriation, and the transformation of the interactive relationship between sustainable development and investment rules. The underlying logic of these four institutional changes lies in the institutional evolution of the indirect expropriation theory in response to the twofold contradictions—namely, the contradiction arising from developmental disparities among countries and the contradiction between sustainable development and investment protection. The construction of the indirect expropriation regime under the RCEP is of progressive significance, yet its effectiveness in addressing practical questions remains open to further debate. Going forward, against the backdrop of the in-depth advancement of sustainable development practices in Asia, both investment treaties and investment arbitration practices should, on the basis of sustaining and developing the aforementioned four changes, better respond to the twofold contradictions, construct an indirect expropriation regime with Asian characteristics, promote China to play a more prominent role in the reform of international investment rules, and further resolve the practical dilemmas of sustainable development in Asia and establish a new international investment order.
Biography
I am a senior law undergraduate at East China University of Political Science and Law (ECUPL), and have been recommended for admission to pursue a Master's Degree in International Law at ECUPL's School of International Law. I won the First Prize in the Shanghai Case Analysis Competition, where I independently conducted in-depth research on a bribery case, sharpening my practical legal analysis and norm application skills. Additionally, my academic paper Legitimacy Analysis and Normative Approach to Subsequent Interpretation by Contracting States in International Investment Agreements claimed the First Prize in ECUPL's Academic Paper Competition. Furthermore, as a core member of a research team, I studied legal risks of Shanghai private enterprises expanding into African markets; this project won the Second Prize in the Shanghai Municipal Social Practice Competition. My core research interests are international investment law and EU law.
