In a largely-anticipated move, the White House has shelved plans to force Tik Tok's sale to Oracle, signaling a broader review of the new administration's China policy. The President also announced today a broad Pentagon review of national security implications of its China strategy, according to the Wall Street Journal.
This strategy may be slow to emerge but is one to watch for its implications on enforcement of international rule of law in the PRC. While China has ostensibly ratified enforcement treaties like the New York Convention (for enforcement of arbitration awards), it has resiliently remained a challenging jurisdiction in which to obtain recognition of international judgments and arbitration awards. It seems that every time a new administration sets its sights on China policy, hopes rise that the strategy will include agreements for enforcement of international rule of law -- largely driven by frustrations in the tech sector over challenges enforcing recognized intellectual property rights. With the higher stakes represented by large tech and social companies Huawei and Tik Tok, the administration has greater leverage than usual. Will this time be any different? Only time will tell but a shift in the dialogue to feature IP rights on the front burner will be a promising sign.
“We plan to develop a comprehensive approach to securing U.S. data that addresses the full range of threats we face,” National Security Council spokeswoman Emily Horne said.