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Implement the ECFA Prospects of a bilateral investment agreement between Mainland China and Taiwan
After Ma Yingjeou’s re-election in 2012, Mainland China and Taiwan will continue
cooperation in economic fields. The purpose of this paper is to undertake research on a bilateral
investment agreement (BIA) between Mainland China and Taiwan.
Design/methodology/approach – The paper uses statistics to demonstrate the growing
cross-strait investment and incompetent contemporary investment protection mechanisms in
Mainland China and Taiwan. The paper also compares laws in Mainland China and Taiwan and the
investment protection agreements concluded by Mainland and Taiwan with other countries,
respectively.
Findings – Based on the similarities of current laws and the investment protection agreements
concluded by Mainland China and Taiwan with other countries, respectively, Mainland China and
Taiwan can possibility agree upon major provisions of a BIA. Solutions are provided to both macro
and micro challenges against a successful BIA.
Research limitations/implications – It is hard to predict whether the BIA will promote political
integration between Mainland China and Taiwan in the near future.
Practical implications – A BIA can boost investors’ confidence.
Social implications – This paper may serve as a humble reference for both the Mainland China and
Taiwan government when negotiating the BIA.
Originality/value – Cross-strait investment is an important and prosperous field in practice, but has
not been fully explored in literature thus far. This Article aims to fill this gap.
Keywords Bilateral investment agreement, Mainland China, Taiwan, China, Economics
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