TITLE:
The China-Canada BIT, Its Shortcomings, and the Risks for Chinese Investors
AUTHORS:
Timothy S. McNamara
KEYWORDS:
China-Canada BIT, Risks, Investment Treaty Shortcomings
JOURNAL NAME:
Beijing Law Review,
Vol.10 No.2,
March
25,
2019
ABSTRACT: Given the pre-existing political constraints and the inadequacy of legal tools, some risks, such as inflation, are difficult for the BIT to insure against. Other risks, such as those stemming from changing demographics, may be even less understood or are difficult to discuss. Yet, as the nationalisations of white-owned farmland in Africa remind us, Chinese property investors in Canada need to understand not only the safety mechanisms contained in the BIT but also the longer-term demographic, political and cultural trends which will shape the investment landscape. Ultimately, if demographics are destiny, then Canada shows many features which suggest it is slowly evolving into a new South Africa. This essay explores some of the seldom discussed risks associated with investing in Canada.