The Legal Dimension of China’s Presence in Latin America: Opportunities, Risks, and Responses
Cologne International Forum Innovative Tandem Collaboration: 15 September 2024 - 14 September 2025
Dr. Monika Prusinowska (Barcelona, Spain)
Partner at the University of Cologne: Dr. Daniel Sprick (Faculty of Arts and Humanities, Chinese Studies)
Abstract
This project sheds light on a critical yet under-analyzed aspect of China's growing presence in Latin America: the legal implications. While the economic, social, and political dimensions have received more attention, the complex legal landscape remains underexplored. This Project shall contribute to filling this gap, offering an opportunity to PhD students and young career scholars to deepen their understanding of the impact of Chinese approaches to law and its impact on Latin America as well as their transnational and global implications. The selected format of this Project is intended to create a space, which could seed a community of expertise on the nexus of China, Latin America and law.
Roundtable on China and Latin America
As part of their project, our Innovative Tandem is hosting the following roundtable:
Over the past decade China's engagement with Latin America has increased dramatically. This is evidenced by China's emergence as the most important trading partner for many Latin American countries. This dominance is particularly striking when compared with China's meagre 2% share of regional trade at the turn of the century. Furthermore, the extensive reach of China's influence is underscored by the participation of 21 out of 33 LAC countries in the Belt and Road Initiative (BRI), China's strategic infrastructure development programme. With its multifaceted approach of promoting trade and investment with Latin America, as well as cultural, diplomatic and military advances, China has successfully established itself as an alternative, rival and competitor to the old European and US allegiances in the region.
This roundtable will focus on China's growing presence in the LAC region, discussing its relevance for EU policymaking concerning the region. We will discuss how China's expanding presence impacts the EU's strategic interests, policy priorities, and ongoing regional initiatives. It will also explore the needs of the LAC region and identify the potential for the EU to offer solutions or partnerships in response.
Speakers and moderators:
- Parsifal D’Sola Alvarado, Executive Director, Andrés Bello Foundation, China Latin America Research Center
- David Chico Zamanillo, Head of Unit - Latin America, Directorate for Regions, Directorate-General for External Policies of the Union (EXPO), European Parliament
- Dr. Ceren Engec, Research Fellow, Centre for European Policy Studies
- Prof. Dr. Martina Fuchs, Institute of Economic and Social Geography, University of Cologne
- Dr. Monika Prusinowska, Ramon y Cajal Fellow, University of Barcelona
- Dr. Daniel Sprick, Research Associate for Chinese Legal Culture, University of Cologne
Time & Place: 26 June 2025, 13:30-15:30 ECT
International House, University of Cologne (Kringsweg 6)
Join us in person or via Zoom:
https://uni-koeln.zoom.us/j/97801513707?pwd=cwKpTWuAazf3b20rLJccJ0AZqWMkC6.1
CONTACT: MONIKA.PRUSINOWSKA(at)UB(dot)EDU AND DSPRICK(at)UNI-KOELN(dot)DE
Workshop in Barcelona: 10-12 February
Project fellow Monika Prusinowska and her team recently organized a series of discussions at the University of Barcelona on the legal dimensions of China’s engagement in Latin America.
Through six panels, two research workshops, and a concluding roundtable, participants explored key legal challenges, including investment regulation, environmental and human rights considerations, dispute resolution, and access to critical resources. Discussions emphasized the evolving legal landscape, the need for interdisciplinary collaboration, and the role of the EU in the region.
A publication summarizing the findings is forthcoming.
The event was supported by the University of Cologne, Cologne International Forum, Facultat de Dret at the University of Barcelona, DIDUE Research Group on International and EU Law, CIDOB, and the European China Law Studies Association.
Final Report
Duration:
15 September 2024 - 14 September 2025
Participants:
Dr. Monika Prusinowska (University Barcelona) & Dr. Daniel Sprick (University of Cologne)
Overview
This project examined the legal complexities arising from China's growing involvement in Latin America and the implications of it for the rest of the world, EU included. The research scope encompassed multiple Latin American jurisdictions and different sectors of Chinese investments, focusing predominantly on mining and infrastructure projects. The tensions between Chinese interests, local legal frameworks and international standards were contextualized within China's broader "Foreign-Related Rule of Law" (FRRL) agenda. The research revealed that China's presence in the region extends beyond economic cooperation and instead, it could be seen as a testing ground for China's evolving approach to governing transnational legal relationships and asserting influence over international norm-setting.
Methodology
This project employed a collaborative and discursive methodology centered on a workshop held at the University of Barcelona in February 2025. The workshop itself was the core methodological approach of this project that created a space for exchange among researchers from Latin America, China, Europe, and the United States. This convening facilitated critical dialogue across different legal traditions, epistemological frameworks, and regional expertise. It enabled participants to interrogate their assumptions and refine their analytical approaches by engaging with alternative perspectives. This methodological diversity reflects the project's commitment to capturing the multifaceted nature of China's legal engagement with Latin America. It recognizes that no single analytical framework can adequately address the complexity of transnational legal phenomena that span multiple jurisdictions, sectors, and governance levels. The project's methodological diversity ultimately allowed for a thorough analysis that captured both the formal structure of legal frameworks and the intricate implementation processes in various Latin American contexts.
Preliminary Findings
The research shows that China s engagement in Latin America is shaped by the concept of "Foreign-Related Rule of Law" (FRRL), which helps China defend its legal interests while extending its legal frameworks internationally. In Latin America, this manifests through a "state-market" governance model, particularly in sectors like infrastructure and resources, where Chinese state-owned enterprises operate with significant autonomy but remain aligned with Communist Party directives.
Latin American countries respond differently to China s influence. Argentina and Mexico have distinct approaches to regulating Chinese investments in lithium, while legal uncertainties in Peru and Chile allow Chinese companies to exploit favorable regulations. In Bolivia, weak rule of law leads to enforcement challenges.
In the critical minerals sector, there is a discrepancy between China's stated support for national sovereignty and its actual practices in Latin America, where Chinese investments often generate little added value. China's infrastructure projects, especially under the Belt and Road Initiative, frequently clash with local environmental and human rights protections.
Doctrinal tensions exist between China's sovereignty principles and Latin American human rights frameworks, but there are also commonalities, such as shared critiques of Western dominance. In Brazil, a local legal ecosystem has emerged to mediate Chinese investments and foster mutual understanding between Chinese firms and local actors. China s growing presence in Latin America has global geopolitical implications, prompting responses from the U.S. and the EU, and influencing international governance standards.
In conclusion, the research highlights that China s legal engagement in Latin America provides key insights into the evolving nature of transnational legal orders and global geopolitical competition.
Continuing Research
An edited volume based on the papers presented at the Barcelona workshop was offered to Routledge Publishing and accepted as part of its "Globalization: Law and Policy" series. Pending final review, the volume will consist of 19 chapters, including an introduction and a summary, and will cover various Latin American jurisdictions and sectors of Chinese engagement. This will be the first academic book on the legal dimensions of China s presence in Latin America and is projected to be published in Summer 2026. The CIF tandem team plans to organize a book launch. This event shall bring together researchers, civil society actors as well as political operatives from the European Union and formulate a roadmap for further collaboration and identify research lacuna.
Dr. Monika Prusinowska
Dr. Monika Prusinowska is a scholar at the University of Barcelona, Spain. She recently (2024) received the Ramon y Cajal Fellowship Grant awarded by the Spanish Ministry of Science to top scientists. Monika is also a research associate at the Oxford University’s project “China, Law and Development”.
Monika’s work perspective has been shaped by nearly a decade of experience in China, where she studied Chinese law and worked at the China-EU School of Law at the University of Political Science and Law, as a foreign counsel at one of the largest Chinese law firms, a lecturer at the Polish embassy in Beijing, as well as collaborated with Asian arbitration institutions.
In her research, Monika concentrates on the intricate legal connections between China and the rest of the world. She looks into: a variety of aspects concerning dispute resolution involving China, legal implications of China's foreign investments, China's role in the energy transition, and the legal relationship between China and the European Union. Monika obtained law degrees in Europe and China, as well as mastered a number of foreign languages, including Mandarin and Spanish. She is also qualified as an attorney-at-law in Poland.