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Academic Journal of Humanities & Social Sciences, 2023, 6(1); doi: 10.25236/AJHSS.2023.060107.

Impact of RCEP’s Investment Chapter on the Investment Agreements of Its Member States


Shiqiao Wang

Corresponding Author:
Shiqiao Wang

University of Glasgow, Scotland, UK


The signing of RCEP is an important step towards the regional economic integration of East Asia and Oceania. When studying the impact of the RCEP investment chapter on the investment agreements of member states, China and Japan were selected as examples. The history of investment and trade between China and Japan has been ups and downs. In addition to the signing of the first BIT between the two countries in 1988, a new trilateral investment agreement was signed among China, Japan and South Korea in 2012. By comparing these investment agreements with the RCEP investment chapters, one can discover the advantages and disadvantages of the RCEP investment chapters. Therefore, although the RCEP investment chapter has in fact become the basis for each member country to sign a new investment agreement, the member country cannot copy it when signing a new investment agreement. Due to the complexity of RCEP membership and the characteristics of RCEP as an economic organization, it has made certain concessions for the sovereignty of member states in terms of investor protection. Both the trilateral agreement signed by China, Japan and South Korea in 2012 and the RCEP investment chapter have their reference significance.


impact; RCEP; investment agreement; regional economic integration

Cite This Paper

Shiqiao Wang. Impact of RCEP’s Investment Chapter on the Investment Agreements of Its Member States. Academic Journal of Humanities & Social Sciences (2023) Vol. 6, Issue 1: 44-56. https://doi.org/10.25236/AJHSS.2023.060107.


[1] Hamanaka Shintaro. TPP versus RCEP: Control of membership and agenda setting. Journal of East Asian Economic Integration. (2014). 18(2), 163-186.

[2] Fukunaga Yoshifumi & Isono Ikumo. Taking ASEAN+ 1 FTAs towards the RCEP: A mapping study. ERIA Discussion Paper Series. (2013). 2, 1-37.

[3] Shimizu Kazushi. The ASEAN Economic Community and the RCEP in the world economy. Journal of Contemporary East Asia Studies. (2021). 10(1), 1-23.

[4] Das Sanchita Basu. RCEP and TPP: Comparisons and Concerns (ISEAS Publishing 2014) 202-213.

[5] Terada Takashi. RCEP Negotiations and the Implications for the United States. The National Bureau of Asian Research. (2018). 20.

[6] Dasgupta Paramita & Mukhopadhyay Kakali. The impact of the TPP on selected ASEAN economies. Journal of Economic Structures. (2017). 6(1), 1-34.

[7] Li Qi. RCEP: the Opportunity and Countermeasures for China. Asia-pacific Economic Review. (2013).1.

[8] Morino Tomozo. China-Japan trade and investment relations. Proceedings of the Academy of Political Science. (The Academy of Political Science 1991). 38(2), 87-94

[9] Rose Caroline. (2004). Sino-Japanese relations: Facing the past, looking to the future? (Routledge 2004). 49-68. 

[10] Helou Angelina. Sino-Japanese Trade. J. World Trade Law. (1982). 16, 95.

[11] Morino Tomozo. China-Japan trade and investment relations. Proceedings of the Academy of Political Science. (The Academy of Political Science 1991). 38(2), 87-9

[12] Golsong Heribert. China-Japan: Agreement concerning the Encouragement and Reciprocal Protection of Investment. International Legal Materials. (1989). 28(3), 575-595.

[13] Pearson Margaret M.. China’s foreign economic relations and policies. The Oxford handbook of the international relations of Asia. (2014).160-178.

[14] Xiaowen Tian. Deng Xiaoping's nanxun: impact on China's regional development. The Nanxun Legacy and China's Development in the Post-Deng Era (Singapore: Singapore University Press, 2001), 75-92.

[15] Keller Wolfgang and others. China’s foreign trade: Perspectives from the past 150 years. The World Economy. (2011). 34(6), 853-892.

[16] Beamish, Paul. W. & Jiang, Ruihua. Investing profitably in China: Is it getting harder? Long range planning. (2002). 35(2), 135-151.

[17] Clarke Donald C. China's Legal System and the WTO: Prospects for Compliance. Washington University Global Study L. (Rev.2 2003) 97.

[18] Fisman Raymond and others. The Review of Financial Studies. (2014). 27(9), 2626-2660.

[19] Agreement between the People's Republic of China and Japan on Encouraging and Mutual Protection of Investment (signed 27 August 1988, entered into force 14 May 1989) (‘China-Japan BIT’)

[20] Agreement among the government of the People’s Republic of China, the government of Japan and the government of the Republic of Korea for the promotion, facilitation and protection of investment (signed 13 May 2012, entered into force 17 May 2014) (CJK Investment Agreement)

[21] Zhu Zhaoke Derek. International Investment Agreements among China, Japan, and Korea: From Bilateral to Trilateral-The Way toward a Better Protection for Foreign Investors. Manchester J. Int'l Econ. L. (2015). 12, 80.

[22] Schott Jeffrey J. & Cimino Cathleen. The China-Japan-Korea trilateral investment agreement: Implications for US policy and the US-China bilateral investment treaty. Toward a US-China Investment Treaty. (2015). 50(24.9), 6.

[23] Regional Comprehensive Economic Partnership (signed 15 November 2020, scheduled to enter into force 1 January 2022)

[24] United Nations Conference on Trade and Development. World investment report 2013: Global value chains: Investment and trade for development. (2013). UN.

[25] Chiang Minhua. The potential of China-Japan-South Korea free trade agreement. East Asia. (2013). 30(3), 199-216.

[26] Maxwell Iain & Wegner Kay-Jannes. New ASEAN Comprehensive Investment Agreement, The. Asian Int'l Arb. J. (2009). 5, 167

[27] Ng Elizabeth Siew-Kuan. ASEAN IP harmonization: Striking the delicate balance. Pace Int'l L. Rev. (2013). 25, 129.

[28] Fowler Peter N. and others (2017). ASEAN and intellectual property: Will a complicated history lead to a certain future. (Loy. LA Int'l & Comp. L. Rev. 2017). 40, 167.

[29] Nikièma Suzy. H. . Performance requirements in investment treaties. IISD Best Practices Series. (2014). 30.

[30] Fietta Stephen. Expropriation and the Fair and Equitable Standard: The Developing Role of Investors Expectations in International Investment Arbitration. (J. Int'l Arb. 2006). 23, 375.

[31] Jomo, K. S. and others. Southeast Asia's misunderstood miracle: industrial policy and economic development in Thailand, Malaysia and Indonesia. (Routledge 2019).46-66.

[32] Park Sang Chul. Can trade help overcome economic crisis? Implications for Northeast Asia creating regional FTA between Korea, China, and Japan and Mega FTAs such as RCEP and TPP. International Organizations Research Journal. (2017). 12(2), 104-128.

[33] Lewis Meredith Kolsky. The TPP and the RCEP (ASEAN6) as Potential Paths toward Deeper Asian Economic Integration. Asian J. WTO & Int'l Health L & Pol'y. (2013). 8, 359.

[34] Riley John. A Multilateral Approach to Investor-State Dispute Settlement Issues in the Asia-Pacific Region. Journal of East Asia and International Law. (2021). 14(1), 147-160.

[35] Zhang Guangliang. China’s stance on free trade-related intellectual property: a view in the context of the China-Japan-Korea FTA negotiations. Asia Pacific Law Review. (2016). 24(1), 36-59.

[36] Gordon Kathryn & Pohl Joachim. Environmental concerns in international investment agreements: A survey. (2011). Available at SSRN 1856465.

[37] Agreement between the government of the People’s Republic of China and the government of the Republic of Turkey concerning the reciprocal and promotion of investments (signed 29 July 2015) 

[38] Yin Wei. Challenges, issues in China-EU investment agreement and the implication on China’s domestic reform. Asia Pacific Law Review. (2018). 26(2), 170-202.

[39] Kosaka Masataka. The international economic policy of Japan. In The foreign policy of modern Japan. (University of California Press 2020). 207-226.

[40] Wallace Corey. Leaving (north-east) Asia? Japan's southern strategy. International Affairs. (2018). 94(4), 883-904.

[41] Hamada Koichi. Japanese Investment Abroad. In Direct Foreign Investment in Asia and the Pacific. (University of Toronto Press 2017). 173-200.

[42] Tranter Bruce. Political divisions over climate change and environmental issues in Australia. Environmental Politics. (2011). 20(1), 78-96.

[43] Dosch Jörn. Reconciling trade and environmental protection in ASEAN-China relations: more than political window dressing? Journal of Current Southeast Asian Affairs. (2011). 30(2), 7-29.

[44] Yanru Wei. China-ASEAN Investment Agreement: Achievement, Deficiency and Improvement. International Economics and Trade Research. (2011). 6.

[45] Gomez Edmund Terence & Lafaye De Micheaux Elsa. Diversity of Southeast Asian capitalisms: Evolving state-business relations in Malaysia. Journal of Contemporary Asia. (2017). 47(5), 792-814.