Font Size: a A A

Research Of The Principle Of The National Treatment Question In The International Investment Law Field

Posted on:2006-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:J HanFull Text:PDF
GTID:2166360155468828Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The main purpose of this essay is to discuss the theories and practice of national treatment .With an eye on recent development of international investment and related laws, the essay analyzes the meaning, characteristics, development and ideology origin of the principle of national treatment as well as legal value of its enforcement standard and several exceptions. It also illustrates the relationship among most-favored-nation treatment, fair and just treatment and national treatment and talks over some problems China has met in enforcement of national treatment to foreign investment to which the author gives a salvation plan.The article analyses especially that implements the current situation and existing problem in principle of national treatment of foreign capitals of our country. Know the principle of national treatment of our country at present from domestic law practice and bilateral practice two of investment treaty that our country sign with other countries of field implement the state. Point out China foreign trade makes the investment and implements the legal obstacle of national treatment. In our country at present, it is difficult to fix according to the target that the principle of national treatment is concrete; the so-called " ultra national treatment" and " low national treatment" question have appeared in the course of the principle of national treatment, This deviates from fair principle of market pursued of market economy; But" ultra national treatment " and " low national treatment " concrete in which does it display, The educational circles have different understanding. This text is it make certain analysis with range two to assert with " low national treatment" and" ultra national treatment ". Finally, I put forward and explained the mechanism that the principle of national treatment of our country should be suitable in the course of integrating with the internationalcommunity in the future --There is principle of national treatment, advance.
Keywords/Search Tags:National Treatment, International Investment, Treatment of the Foreign Capitals
PDF Full Text Request
Related items