Designing Labor Provisions in China’s BITs: Dual Identity Challenges and Legislative Strategies

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.