National Development and Reform Commission, Ministry of Foreign Affairs, and Ministry of Commerce of the People's Republic of China Vision and Actions on Jointly Building Silk Road Economic Belt and the 21st Century Maritime Silk Road, (28th March, 2015), available at http://en.ndrc.gov.cn/newsrelease/201503/t20150330_669367.html

Ministry of Commerce People’s Republic of China (MOFCOM), 2015 Report on China’s Outward Foreign Direct Investment in Cooperation and Development (translation added), (15 February 2016), available at fec.mofcom.gov.cn/article/tzhzcj/tzhz/upload/zgdwtzhzfzbg2015.pdf, last visited on 23 February 2017.

Ibid Page 4.

See HAN Bin and Wang Yongzhong, China Outward Investment Report third quarter of 2015 (translation added), pp30-31 (Beijing: China Social Science Press,2016 ).

Report on the development and status of “stepping-out” of Guangdong’s enterprises (translation added), issued by Department of Commerce of Guangdong Province in 2016.

Karl P. Sauvant and Victor Z. Chen, ‘China’s Regulatory Framework for outward Foreign Direct Investment’, 7 China Economy Journal 141(2013), 141-163.

Except for China-Brunei BIT that signed on 17 November, 2000., nine BIT are in force, which are China-Singapore BIT (21 Nov. 1985), China-Malaysia (11 Dec. 1988), China-Philippines BIT (20 July 1992), China-Vietnam BITs (2 Dec. 1992), China-Laos BIT (31 Jan. 1993), China-Indonesia BIT (18 Nov. 1994), China-Cambodia BIT (19 July 1996), China-Myanmar BIT (12 Dec. 2001). See available at http://investmentpolicyhub.unctad.org/IIA/CountryBits/42.

See Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation between the PRC and ASEAN, http://fta.miti.gov.my/mitifta/resources/auto%20download%20images/558b8bd29bd01.pdf

Jun Xiao, ‘The ASEAN-China Investment Agreement A regionalization of China’s BITs’, 6 Front. Law China 6 (2011) at 254.

See WANG Yongzhong and LI Xichen, “Features and Risks of China’s Investment in the OBOR Counties” (translation added) HAN Bin and Wang Yongzhong (eds.), China Outward Investment Report third quarter of 2015, pp41-42 (Beijing: China Social Science Press, 2016).

KE Jingjia, The ASEAN-China Free Trade Area: Neighbors, Relatives or Foes? 1 China and WTO Review 2 (2015) at 209.

See note 11.

For details, see Article 1 of Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and China, available at http://fta.mofcom.gov.cn/inforimages/200908/20090817113007764.pdf, and Article 1.1 of BITs (P.R.C.-Brunei, Cambodia, Laos, Indonesia, Philippine, Myanmar, Singapore, and Vietnam) and Article 1.3 of China-Thailand BIT. Business concessions include contractual rights such as those under turnkey, construction or management contracts, production or revenue sharing contracts, concessions, or other similar contracts and can include investment funds for projects. See footnote 2 of the ASEAN-China Investment Agreement.

Article 3(4) of Agreement on Investment and footnote to Article 1.

See 2014 Administrative Measures for Overseas Investments, http://www.mofcom.gov.cn/article/b/c/201409/20140900723361.shtml.The proportion of shares in control or management of Chinese MNEs is 10 percent. For detail, see Article 2 of 2006 Statistical System of Foreign Direct Investment, in Chinese, hzs.mofcom.gov.cn/accessory/201102/1297930121981.pdf.

LI Wenfang, ‘Guangken to list Thai rubber producer’, China Daily, (28 November 2016), available at http://www.chinadaily.com.cn/business/2016-11/28/content_27500097.htm. Also see CHEN Min, ‘Seizing opportunity and harvest the oversea investment-status and experiences of Guangken under the “stepping out” policy’ (translation added), 29 China Rubber (2013) at 18.

For detail please see company’s official website http://www.gdftc.com/en/about/about.asp?t=1 and 2016 short term financing report of Guangdong Guangxin Holding(translation added), available at https://shclearing.com/xxpl/fxpl/scp/201607/t20160728_170897.html.

Huawei Annual Report 2015, http://www-file.huawei.com/~/media/CORPORATE/PDF/annual-report/AnnualReport2015_en.pdf?la=en.

The subsidiaries in Vietnam include Midea Consumer Electric (Vietnam) Co.LTD and Midea Air-Conditioning Equipment (Vietnam) Co. LTD, http://www.midea.com/global/about_midea/major_facilities/Overseas_Facilties/201403/t20140319_74645.shtml and, the Annual Report of Midea Group 2015, available at disclosure.szse.cn/finalpage/2016-03-26/1202084987.PDF.

See introduction of the project from Country Garden Pacific View’s profile, available at https://cgpvforestcity.wordpress.com/about/.

Except for China-Myanmar BIT signing on December 12 2001, the rest of BITs between China and ASEAN members does not cover NT clauses. For more details, please see http://investmentpolicyhub.unctad.org/IIA/treaty/3272.

China-Switzerland FTA and China-Singapore FTA, does not contain investment rules. See China Ministry of Commerce website, available at http://fta.mofcom.gov.cn/topic/enpakistan.shtml (last visited on Dec. 2, 2016).

Xiao Jun, ’the ASEAN-China Investment Agreement, A Regionalization of China’s BITs’, FRONTIERS LAW. CHINA, 6 (2011) 2, at 249.

Article 23 and 43 of Vietnam Law on Investment, 2014, Law No. 67/2014/QH13, November 26, 2014, available at http://www.xaydung.gov.vn/web/guest/legal-documents/-/legal/TB4r/en_US/18/250755/55213, last visited on 15 February 2017.

Article 22(3) (b) of the Vietnam Law on Investment 2014.

Article 5 and 10 of the Law No. 25/2007 on Investment (Investment Law), available at http://www.flevin.com/id/lgso/translations/JICA%20Mirror/english/3002_UU_25_2007_e.html, last visited on 26 February 2017.

Article 8 of the ACIA.

Article 46 of the ACIA.

Notice of the General Office of the State Council on Issuing the Special Management Measures (Negative List) for Foreign Investment Access in Pilot Free Trade Zones, see http://www.lawinfochina.com/display.aspx?id=18995&lib=law, last visited 28 February 2017.

Article 13 (1) of the Investment Agreement.

Article 14 of the ASEAN-China Investment Agreement.

Article 4 (3) of the Dispute Settlement Mechanism Agreement under the ACFTA.

Section 4 of the Article 14 of the Investment Agreement.

Jun Xiao, ‘the ASEAN-China Investment Agreement, A Regionalization of China’s BITs’, FRONTIERS L. CHINA, 250, (2011) at pp241-58 The conditions for submitting to arbitration are that the submission of the disputes must be within three years of the time at which the investor becomes aware of a breach of an obligation under the Investment Agreement; a ninety days advance written notice to the host state shall be given by the disputing investor before submitting the claim to conciliation or arbitration.

Article 14 (8) of ACIA.

OECD papers shown 21% of the treaties in the sample contain clauses restricting explicitly diplomatic efforts. See Pohl, J., K. Mashigo and A. Nohen (2012), ‘Dispute Settlement Provisions in International Investment Agreements: A Large Sample Survey’, OECD Working Papers on International Investment, 02, (2012), OECD Publishing. http://dx.doi.org/10.1787/5k8xb71nf628-en, last visited on 10 March 2017.

Except for China-Brunei BIT and China-Myanmar BIT, which are both signed after 2000, the rest of BITs between China and ASEAN States are signed in the period of 1980s to 1990s.

For discussion on generation of China’s BITs, please see Karl P. Sauvant and Michael D. Nolan， ‘China’s Outward FDI ‘and International Investment Law’, 18 Journal of International Economic Law, (Nov. 2015) at 925.

Article 10.2 of China-Philippine BIT and Article 7.4 of China -Malaysia BIT. China-Indonesia BIT.

BITs in this sections are Article 13.3 of China-Singapore BIT, Article 8.3 of China-Laos BIT, Article 9.3 of China-Indonesia BIT, Article 8.3 of China-Vietnam, in comparison with 1985 China-Thailand BIT, the parties of which did not grant the access to the ISD

Article 10.3 of BIT (China-Philippine).

Article 9.3 of BIT (China-Brunei).

Article 13.5 of BIT (China-Singapore) and Article 7.4 of BIT (China-Malaysia).

Karl P. Sauvant and Michael D. Nolan, 18’China’s Outward FDI and International Investment Law”, Journal of International Economic Law,’ at 932.Also see SHAN Wenhua and et al. International Protection of China’s Outward Energy Investment- Survey and Regional Research (translation added) (Beijing: Tsinghua University Press 2014) at 46.

Paragraph 10 of Government of the Lao People’s Democratic Republic v. Sanum Investments Ltd. [2015] SGHC 15, available at http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/free-law/high-court-judgments/15860-government-of-the-lao-people-rsquo-s-democratic-republic-v-sanum-investments-ltd-2015-sghc-15

Paragraph 121-126 of Sanum v. Laos, [2015] SGHC 15.

Sanum Investments Ltd v. Government of the Lao People’s Democratic Republic [2016] SGCA 57 available at http://www.supremecourt.gov.sg/docs/default-source/module-document/judgement/judgment-for-ca-139-167-of-2015-(final)-pdf.

Foreign Ministry Spokesperson Hua Chunying's Regular Press Conference on October 21, 2016, available at http://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/2511_665403/t1407743.shtml, last visited on 16 March 2017.

See Article 138 of the Macau Basic Law.

Available at http://www.doj.gov.hk/eng/laws/table2ti.html, and João Santos Filipe, ’Bilateral Investment Treaties Quandary’, 28Politics, (January, 2015) see http://macaubusinessdaily.com/Politics/Bilateral-Investment-Treaties-Quandary.

See http://investmentpolicyhub.unctad.org/IIA/CountryBits/42, last visited on 16 February 2017.

See Huawei Annual Report 2015.

See note 15, at 20.

ZHANG Lujin and XIE Wei, ‘China’s investors’ choice of leaving Vietnam-haunting 72 hours’ (translation added), China Economic Weekly, (26 May 2014).

See http://www.sinosure.com.cn/sinosure/english/English.html, last visited on 24 February 2017

SHEN Wei, ‘Liberalization and Pluralization of China’s protection standards in international investment treaties’ (translation added), 4Chinese Journal of Law (2015) Page 206.

Ten of these areas are included in this year’s ranking on the ease of doing business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency.See World Bank Group, ’Doing Business 2016-Measuring Regulatory Quality and Efficiency’, A World Bank Group Flagship Report, 2016, 13th edition. p5, available at espanol.doingbusiness.org/~/media/.../DoingBusiness/...Reports/.../DB16-Full-Report.pdf, last visited on 5 February 2017

Available at https://www.miga.org/who-we-are, last visited on 8 March 2017.

Article 11 of the Convention Establishing the Multilateral Investment Guarantee Agency.

Wang Guiguo, ‘Investor-State Dispute Settlement in China’, Transnational Dispute Management, 5 (2011) page 7.

Karl P. Sauvant and Michael D. Nolan, “China’s Outward FDI and International Investment Law”, Journal of International Economic Law, 18, (Nov. 2015) page 933.

Claudia Annacker, “Protection and Admission of Sovereign Investment under Investment Treaties”, Chinese Journal of International Law Vol. 10. No.3, (2011), p531

CSOB v Slovak Republic, ICSID Case No. ARB/97/4, Decision on Jurisdiction, 24 May 1999, paras 23–27.

See note 15, at page 19.

Page 121 of Huawei Annual Report 2015.

Yao Meizhen, Section of articles of Yao Meizhen in Chinese. Yao Meizhen Anthology, (Wuhan: Wuhan University Pree, 2010), Page 33 and page 62.