Power and Justice in International Investment Law: China’s Rise and Its Extraterritorial Human Rights Obligations vis-à-vis the African Host State Population

African East-Asian Affairs

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Title Power and Justice in International Investment Law: China’s Rise and Its Extraterritorial Human Rights Obligations vis-à-vis the African Host State Population
Creator Hankings-Evans, Anna
Description The increasing economic engagement of emerging states such as China raises concerns, especially in Western scholarly work, as to the growing influence and negative impact of China on international law. South-South investment relations are especially being put under heightened scrutiny. In this regard, it has been argued that the rise in economic legalisation efforts, for instance the signing of BITs, would politically alter the balance of power between developed and developing states. The present article intends to take a closer look at the human rights implications of Chinese investment agreements with African states. It, therefore, firstly identifies a lack of justice-based provisions that hinders the systemic integration of human rights law and international investment law. Secondly, it suggests that China’s human rights approach when engaging in investment relations does not necessarily differ from investment approaches of traditional partners since China utilises the underlying power implications by Westernising its investment treaties. Yet, the overall failed integration of justice considerations into international investment law must rather be considered a result of both structural deficiencies and colonial legacy, a legacy that till today hinders essentially the implementation of policy space, human rights and the right to development.
Publisher Centre for Chinese Studies
Date 2016-12-09
Type info:eu-repo/semantics/article
Peer-reviewed Article
Format application/pdf
Identifier http://aeaa.journals.ac.za/pub/article/view/181
Source African East-Asian Affairs; No 4 (2016)
Language eng
Relation http://aeaa.journals.ac.za/pub/article/view/181/145
Rights Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).

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