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Labor Conflict and Chinese Investors Protections in South Africa
Li K(李可)
2021-06
Source Publication国际法特别问题
Publisher清华大学出版社
Pages371-387
Abstract

Labour issues are one of the thorny problems facing by foreign investors, this is especially true for Chinese investors in South Africa. Due to the differences in national political systems, South Africa has unique labour law systems which Chinese investors may find difficult to adapt. This paper, aiming at exploring legal remedies for Chinese investors both under domestic law of South Africa and international investment law, starts with an analysis of a representative case where Chinese investors successfully protected their legitimate rights by suing against South Africa’s minimum wage policy. The collective bargaining regime of South Africa is carefully discussed in this case. It then moves on to exam the bilateral investment treaty between China and South Africa, clause by clause, to discuss the protection that the treaty provides to Chinese investors. As the increasing concerns of labour rights’ protection in investment treaties, this paper concludes with a suggestion to Chinese investors that to obey the local labour law in South Africa and be prepared to bear more responsibility for labour rights’ protection in its investments even if there is no explicit labour provision contained in China-South Africa BIT.

KeywordInvestment Protection, Labour Law Of South Africa, Collective Bargaining, Bilateral Investment Treaty, Corporate Social Responsibility (Csr)
Language英語English
ISBN978-7-202-57001-1
Document TypeBook chapter
CollectionFaculty of Law
Affiliation1. Faculty of Law (FLL), University of Macau.
Recommended Citation
GB/T 7714
Li K. Labor Conflict and Chinese Investors Protections in South Africa[M]. 国际法特别问题:清华大学出版社, 2021, 371-387.
APA Li K.(2021). Labor Conflict and Chinese Investors Protections in South Africa. 国际法特别问题, 371-387.
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