In-depth analysis of data as a qualified international investment form and China's structured involvement schemes

The exponential growth of data-driven investment on a global scale, coupled with the implementation of national data regulatory measures, may give rise to an increase in disputes between states and investors with regard to data as an international investment. The article explores the theoretical possibility of data qualifying as international investment from China's perspective, beginning with an overview of the evolution of the investment definition in academia and tribunals and its inconsistencies. The article then analyses the legal and regulatory context of data-driven investment in China to determine whether data meet the criteria of the Salini test and to assess its viability as a qualified investment. The article concludes with a proposal for China's structured involvement schemes as a means of optimizing the status of data in international investment.