Non-discrimination Principle Under WTO Multilateral Framework On Investment

According to Doha Ministerial Declaration of November 2001, a multilateral investment framework will be helpful to establishing a transparent, stable and foreseeable investment environment, so that will promote the development of international foreign direct investment. The WTO multilateral framework on investment (MFI) under discussion will be the broadest legally binding investment agreement ever, and will have a significant effect on WTO members. Substantial negotiation on the MFI has not started, but in order to define the standpoint and policy China should take, it's necessary to analyze the issues under the MFI to be established and their potential influence on China. Papers and researches these days on the MFI usually focus on the structure of the framework, and the detailed issues under it are relatively rarely discussed. This note is to research on one of the key principles of the MFI—the non-discrimination principle. Non-discrimination principle related issues under the framework will be analyzed and several feasible models will be presented. Further more, based on the actual situation in China, the author will give some opinions and suggestions on the standpoint China should take towards the MFI as a whole and the non-discrimination related issues under the MFI, also on the adjustment of China investment laws and regulations. The methodologies used in this note are epagoge, syllogism, comparative and case-analysis.