Font Size: a A A

Treatment Of International Investment Theory

Posted on:2001-06-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:G J NiuFull Text:PDF
GTID:1116360002452500Subject:International law
Abstract/Summary:PDF Full Text Request
International investment treatment issue is one of the most important issues in the field of international investments. It has been paid much attention to and is heatedly disputed not only in the field of international law, especially in the field of international investment theories, but also in the field of international investment practice because it is closely connected with not only international investors?rights and duties but also the benefits of their countries and has become the central issue in the struggle and coordination for their own benefits. According to the development and current situation it will be analyzed and researched systematically and deeply on the basis of theories and practice about foreigners?legal status in international law in this thesis. As far as the framework of this thesis is concerned, it includes seven Chapters: introduction to international investment treatment, most-favored-nation treatment standard and national treatment standard (D, most-favored-nation treatment standard and national treatment standard (II), most-favored-nation treatment standard and national treatment standard (HI), international investment protection institution, the basic issues of applying national treatment standard to foreign investors_the relationship between the application of national treatment standard to foreign investors and the transform of our national enterprise legislation. The international investment treatment issue is studied generally from Chapter 1 to Chapter 5, and the main contents, the legal value and the interrelation in international institution of protecting investments as well as related disputes are analyzed and researched systematically. Based on the above analysis, our national treatment standard to foreign investors will be studied and discussed concretely in Chapter 6 and Chapter 7. The basic theoretical issues on international investment treatment are studied in Chapter 1. As there is no unanimous international understanding of the framework of international investment treatment, it is firstly analyzed from two aspects: the treatment standards to foreign investors and the international investment protection institution. The prerequisite for resolving the issue is how to define the subject, object and scope which can be applied to international investment treatment. Therefore, combined with the practice in international investment treaties and other national foreign investment legislation, it is analyzed in detail. The key purpose of Section 3, Chapter 1 is how to understand the differences and mutual coordination relations between the application of treatment standards of aliens to international investment field and international trade field, and it must be studied according to the current situation of treatment standards in international investment field in order to understand the issues of international investment treatment standards. Most-favored-nation treatment standard and national treatment standard are the two most important standards in the system of international investment treatment standards, which are also the key and focal point in this thesis and will be analyzed and studied comprehensively at different angles from Chapter 2 to Chapter 4. The purpose of Chapter 2 is to study the legal value, the application mechanism, same-subject-rule, national treatment and most-favored-nation treatment clauses. The purpose of Chapter 3 is to define, based on the analysis of the connotation and extension of the fair and equitable treatment, non-discriminatory...
Keywords/Search Tags:International
PDF Full Text Request
Related items