Study On The Definition Of Investment In Free Trade Agreements

In the period called the third wave regionalism , the free trade agreements (FTAs) become the transferred battlefield , while the Doha Round of WTO was frustrated. China is participating and implementing the bilateral, regional, interregional, or duplicated FTAs. The definition of investment clause in FTAs is used to define the scope of FTAs, and it is the key to the success of FTAs in China. The study on the definition of investment clauses is of great theoretical and practical significance. Study on the definition of investment clause in signed and coming FTAs in China is helpful to take seriously role of FTAs in the attracting capital, and to scientifically and specifically regulate the investment in FTAs.Lately, there are a series of arbitral cases regarding the definition of investment clause in ICSID and NAFTA. And tribunals often came to approve there was an investment, that is , enlarge the coverage of definition ruled in FTAs treaties. The fact has resulted in amending the definition of investment in BIT and FTAs, such as American and Canadian investment treaties. Such practices in international tribunals have invoked closer attention of the academic communities and states. However, the is not enough theoretical research about the definition of investment clause in China. The ambiguity and widely defined way will make China be confronted with the high risk in the settlement of the investor-state conflicts.The thesis analyze the definition clause in FTAs treaties and international tribunal practice through historical, empirical and compared methods ,to provide an overall future direction of the definition clause in international investment agreements. The thesis also focuses on the current definitions in China s FTAs treaties and the potential risk, and puts forward a few of suggestions.