A Study On The National Treatment In The Access Of Investment

In tradition, the admission of foreign investment is always regarded as the exception of national treatment. That is to say, the national treatment is only used in the post-establishment of investment, and the host country is free to decide the field which foreign investment is permitted to enter into and the conditions of these. In recent years, investment liberalization which requires loosening the restrictions to foreign investment is becoming a trend. Some treaties have reflected this requirement of admission liberalization. And the national treatment in pre-establishment has become the common clause in most of the treaties that developed countries conclude. But most of developing countries hesitate to this. Because national treatment in pre-establishment will be not only weaken the jurisdiction over foreign investment but also challenge the economic sovereignty of a country. This article gives researches on the practice of national treatment in pre-establishment of investment, the problems to implement national treatment in pre-establishment and the measures which developing countries should take. In author's opinion, on one hand, the developing countries should decrease the restrictions to foreign investment and implement national treatment after foreign investment enter into;on the other hand, they should adopt investment liberalization step by step, and implement national treatment in pre-establishment of investment on the basis of the condition and policy of their own country.