Authors
Katherine Ginsbach, Katie Gottschalk, John Monahan, Judith Murungi
Description
As a direct reaction to rising investment from China amid the transformation of the geopolitical context in which China has emerged as a great power, Western countries, including the United States, have introduced new or reinforced existing national security screening mechanisms. Confronting weaponized national security reviews in host countries, Chinese investors have recently begun to challenge national security decisions before international investment arbitral tribunals, claiming that such decisions have breached host countries' obligations under international investment treaties. Chinese telecoms giant Huawei's investment treaty claim against the Government of Sweden before the International Centre for Settlement of Investment Disputes (ICSID) over its exclusion from the rollout of 5G network in January 2022 is one of the most prominent examples.