Professor Shen Wei’s new book-Decoding Chinese Bilateral Investment Treaties-has vividly depicted a vibrant China in bilateral investment treaties (BITs) and BIT arbitrations. The observations, analyses and findings in his book are supported with abundant empirical evidence and critical theoretical explorations. The ground-breaking contribution made by this book lies in demystifying the patterns inherent in China’s BIT law and practice and adopting versatile methodology to address the literature gap identified by the author. This book not only explores the symbiotic relationship between China’s domestic governance and global BIT networks, but also coherently addresses four inter-connected puzzles relating to Chinese BITs. Professor Shen’s study shows that China and its investors will be proactive rule-makers and active rule-users in the arena of international investment law and investorstate arbitration. This new book will surely be an invaluable inspiration for practitioners, scholars and other persons who have interest in this field.
The Impact of transnational corporations’ activities on local communities and populations can result in violations of human rights. There are compelling reasons to hold TNCs liable for human rights violations. The regulation of TNCs has become a global public good, and joint forces are needed to hold TNCs more accountable for their violations of human rights. Bilateral Investment Treaties, as a main component of international investment law regulating international investment activities, require urgent reform in this area. This article examines why and how BITs could be drafted or amended in order to enhance TNCs’ human rights accountability. After taking stock of existing legal institutions regulating TNCs, this article analyzes the difficulties and hurdles in subjecting TNCs to human rights liability. Finally, this article probes into potential advisable proposals on how BITs should be reformed, both in substance and procedure, to better respect human rights.