A Study on the Challenges and Legal Issues arising from Chinese investment in Bangladesh Natural Resources and Infrastructure


Abstract views: 212 / PDF downloads: 97

Authors

  • Al-Mamnur Rashid LL.B. (Hona's) LL.M (Masters) Bu, Masters of International Law, Xiamen University,China PhD Candidate ZUEL, China

DOI:

https://doi.org/10.46291/cenraps.v5i2.100

Keywords:

Natural resource; Infrastructure; International Investment Agreements (IIAs); Bilateral Investment Treaty (BIT);

Abstract

This study focuses on the challenges and legal issues surrounding Chinese investment in Bangladesh's natural resources and infrastructure. It looks at the impact of Chinese investment on the country's resources and infrastructure, including any legal and regulatory issues that may arise. The study may examine how Bangladesh's laws and regulations protect the country's natural resources and infrastructure from foreign investment, and whether these laws are adequate to ensure that the country's resources are being used sustainable and in a manner that benefits the local communities. Additionally, the study may look at the role of international law and international organizations in mediating disputes between Bangladesh and Chinese investors. I have mentioned foreign investments in natural resources of Bangladesh e.g. natural gas, petroleum oil, coal and water resources. Until now, China only invests in a couple of sectors relating to natural resources. These investments are infrastructure projects e.g. power generation, construction, port establishment, agro-processed product, electrical and electronics, light engineering, roads, railways, power plants, and water treatment facilities, etc.

This is a second generation Chinese BIT that incorporated general Characteristics of BITs of that era. Under this BIT, Regarding the dispute of expropriation, an ad hoc arbitral tribunal can be formed which would determine its own procedure, but the first negotiation shall take place between the parties to solve the dispute. Under these agreements, the disputes shall be settled by applying generally recognized principles of international law accepted by the parties.

References

Trebilcock, M., Howse, R., & Eliason, A. (2013). The Regulation of International Trade (4th ed.). Park Square, Milton Park, Abingdon, Oxon OX14 4RN & 711 Third Avenue, New York, NY 10017: Routledge: London and New York.

Sinha, A.K. (2017). Non-Precluded Measures Provision in Bilateral Investment Treaties of South Asian countries. Asian Journal of International Law, 7(2), 227-263

Bina, D. (2012). Bangladesh in 2011: Weak State building and diffident foreign policy, Asian Survey, 52(1), 147-156

Andrew, B. & David, H. (2012). Global Property Investment Strategies, Structures, Decisions

Venables, A. J. (2016). Using natural resources for development: why has it proven so difficult? Journal of 6. Economic Perspectives, 30(1), 161-84.

Bbs.gov.bd. (2018). Bangladesh Bureau of Statistics-Government of the Peoples Republic of Bangladesh

Arif, A.(2017). Legal Status of Maximum Sustainable Yield Concept in International Fisheries Law and Its Adoption in the Marine Fisheries Regime of Bangladesh; A critical Analysis. The International Journal of Marine & Coastal Law, 32(3), 544-569

Moula, G. Parvin, F. & Ferdaus, J. (2014). The prospects and challenges before Bangladesh in exploring and exploiting marine resources: An Economic and Legal study, Beijing law review, 05 (04), 249-25210 Elizabeth, 9. A. & Donald, L. (2010). Democracy of foreign direct investment and natural resources, Journal of International Economics, 2011, 84(1), 99-111

Bangladesh Strategic Relations with China; chapter-4 page, 87-134

Wu, F. & Y.H. Sia, (2002). China is rising investment in Southeast Asia; Trends and outlook, Journal of Asian Business, 18 (20), 41-61

Chinese outbound investment guide-2018 in Bangladesh, published on (26 April, 2018)

Hasan, M.M. (2018). Chinese outward foreign investment in developing countries; a case study of Bangladesh. Global Journal of Management and Business Research: Economic & Commerce, volume 18 issue 6 version 1.0

Rahman, M. (2017). Blue economy and Maritime cooperation in the Bay of Bengal: Role of Bangladesh. Procedia Engineering, vol. 194, pp.356-361

Karim, M. (2015). China has proposed maritime Silk Road challenges and opportunities with special reference to the Bay of Bengal Region. Pacific Focus, Vol. 30(3)297-319

Mulonda, M. (2016). Chinese foreign direct investment in Africa’s natural resources & the impacts on local communities; World Journal of Social Science and Humanities Vol.2, No.3,pp.102-108

Downloads

Published

2024-01-23

How to Cite

Rashid, A.-M. (2024). A Study on the Challenges and Legal Issues arising from Chinese investment in Bangladesh Natural Resources and Infrastructure. CenRaPS Journal of Social Sciences, 5(2), 20–43. https://doi.org/10.46291/cenraps.v5i2.100

Issue

Section

Articles