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World Trade Review
Article . 2025 . Peer-reviewed
License: CC BY
Data sources: Crossref
SSRN Electronic Journal
Article . 2025 . Peer-reviewed
Data sources: Crossref
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Friend-Shoring Critical Minerals: Investment Law at the Intersection of Geoeconomics and Treaty Restraint

Authors: Tianqi Gu;

Friend-Shoring Critical Minerals: Investment Law at the Intersection of Geoeconomics and Treaty Restraint

Abstract

This article examines how critical minerals (CM) supply security has been absorbed into the evolving concept of national security underpinning foreign investment screening (FIS), using Australia's treatment of Chinese CM investment as a case study. It argues that FIS now functions as a tool of strategic alignment through selective, opaque restrictions under the logic of friend-shoring. This shift raises structural tensions with Australia's obligations under international investment agreements (IIAs). Through analysis of Australia's FIS regime, its implementation shaped by a CM friend-shoring strategy, and potential conflicts with its IIAs with China, the article situates Australia within a broader global trend in which the expansion of FIS increasingly challenges the coherence of international investment law. It offers a novel conceptualisation of FIS as a legal expression of the geoeconomic turn and proposes recommendations for reconciling strategic regulatory discretion with treaty-based commitments in an era of contested globalisation.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
hybrid