Discriminatory Application of the US Foreign Investment Security Review and Its International Law Boundaries
The expansion of the scope of the United States' system of security review for foreign investment and restrictions on critical technology sectors are significant manifestations of the generali-zation of national security in the field of international investment.These measures are largely charac-terized by their weaponization,instrumentalization,and politicization,severely affecting China's na-tional security and economic development,and urgently require the limitations imposed by interna-tional law.In the absence of a bilateral investment treaty between China and the United States,the rules of the World Trade Organization(WTO)serve as the foundation of international law to con-strain the United States'system of security review for foreign investment.The discriminatory appli-cation of the United States'system of security review for foreign investment against China violates the obligations of most-favored-nation treatment,national treatment,and market access,and invoking security exceptions as a defense lacks a legal basis.China should utilize the WTO dispute settlement mechanism to compel the United States to limit the discriminatory application of its system of security review for foreign investment against China,prompting the return of politicized discourse to legal dis-course,and providing international legal remedies to safeguard the legitimate rights and interests of Chinese investors in the United States.
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