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The National Treatment In Late International Investment Law

Posted on:2006-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:X M WuFull Text:PDF
GTID:2166360182466260Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
National treatment is one of the treatments that country offers to foreigners in international law. It is the historical product of international economic association. Treatment is the core and preliminary problem of international investment law. With the development of globalization of economic, the liberalization of investment accession has become a world-wide trend, which demands more sound legal mechanism. For the special legal features, the national treatment can balance the benefits among different nations as well as promote the liberalization of investment. Nowadays it is widely adopted both in international investment treaties and domestic foreign investment law. Late national treatment shows some new features. The development of national treatment also influences the international investment legislation greatly. Mastering these features and future trends has great sense to perfect the national treatment system in China. It is necessary to make some reforms to attract foreign direct investment.Basing on former considerations, the article consists of three chapters and is organized as follows:Chapter one introduces the basic theoretical problems of national treatment in theinvestment field. It begins on the origin and development of national treatment, proceeds with substantive content and application scope. It lays the theoretical foundation for following research.Chapter two is the main part of this article. It takes the practice of international investment legislation as backgrounds, summarizes several features , future trends and the influence of national treatment. Generally speaking, national treatment is to be established stably in international investment law. The application scope extends to the investment access phase generally, meanwhile the content is getting abundant constantly, but it hasn't become the international customs. National treatment not only promotes the liberalization of investment but also the identity of the treatment ininternational investment fields. It gives the challenge to the foreign investment jurisdiction of developing countries.Chapter three analyses the current situation and deficiency of the nationaltreatment system in China. Basing on the research of reality, it presents some proposals to perfect the national treatment system.
Keywords/Search Tags:National Treatment, Market Access, Investment Measures, liberalization of Investment
PDF Full Text Request
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