Indian and Chinese FDI in developing Asia: the standards battle beyond trade

At a turning point for trade governance, while developing Asia has become, for the first time, the world's largest investor region, this article critically examines the normative battle at stake between China and India in their Asian International Investment Agreements (HAs) in focusing on international investment law standards of treatment generally and the National Treatment (NT) precisely. Starting from a historical and conceptual perspective shedding some light on the different phases of the standard of treatment's acceptance and denial, this article develops into a substantial analysis of the scope and application of the NT in Chinese and Indian Asian IIAs as a concrete and effective alternative to currently proposed solutions based on the limited and often tautological ideas of states' autonomy to regulate and other novel flexibilities'. Lastly, as a conclusion, it argues in favour of a more strategic use of the national treatment standard, and the qualifications/exceptions it assumes, to foster states' sovereign economic paths and development strategies.