Author
Mr Du Yuxin
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 Master of Laws (LL.M.) Student at the School of International Law, East China University of Political Science and Law (ECUPL), with academic and competition experience related to international law. I participated in the TIAC NIKONOV INTERNATIONAL TECH MOOT as a member of the ECUPL team and was awarded the Best Memorandum. I have participated in the 14th China International Civil Servant Capacity-Building Program and obtained a completion certificate. I also took part in the "Belt and Road" Practical Mock Negotiation International Competition (hosted by ECUPL and the Institute of Law and International Affairs) as an Oralist, winning the Third Prize and the Gold Medal for Best Public Speech. Additionally, I received the Excellence Award in the 2023 National Moot Legislative Competition for Law Students and the Third Prize in the 16th "Challenge Cup" Henan Provincial College Students' Extracurricular Academic and Technological Works Competition. My research interests lie in international investment law, EU law and international arbitration.
