Designing Labor Provisions in China’s BITs: Dual Identity Challenges and Legislative Strategies
Year: 2025
Type: article
Abstract: China’s dual identity as a capital-importing and exporting state necessitates BITs that balance public interests with investor rights. Analyzing 30 Chinese BITs (2000-2023), this article reveals that only 12% include substantive labor clauses. It proposes a model combining preamble commitments, domestic law benchmarks, and arbitration exclusions. Case studies from Zimbabwe and Pakistan demonstrate how China’s overseas labor disputes stem from legislative gaps. The framework advocates for “gradualist” reforms, resisting hegemonic standards while advancing labor rights.
Source: Economics Law and Policy
Author: Kaiwen Li
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409648395