A Closer Look at the Canada-China Foreign Investment Promotion and Protection Agreement

Abstract

This essay puts the Canada-China FIPA into perspective by analyzing the historical development of both Canada and China’s bilateral investment treaties. The specific provisions of the CC-FIPA are compared with Canada’s Model Foreign Investment Protection Agreement (FIPA) to determine what is unique about this Agreement in particular. These provisions are briefly explained and contextualized by drawing on major cases from investor state arbitration under NAFTA as well as the International Convention to Investor State Dispute (ICSID). This essay concludes by analyzing the Agreement and addressing some of its major criticisms; here particular focus will be directed towards Canadian and Chinese regulatory power, legal risk, and the unique exemptions that Canada retains under the Agreement.