The Study On The Standards Of National Treatment In International Investment

According to modern law of nations, National Treatment is the fundamental system about foreigners' civil status, whose original idea is that foreign investors can enjoy the same treatment as the internal ones. With the development of international investment and related laws, National Treatment is applied to international trade gradually. Practically, applying National Treatment into international trade is that the host investing country must provide those who have made international investment and have its own countries' identities with National Treatment.In the international investment regulations, there are two different statements about the National Treatment: "no less" and "equal". Though the treaties of international investment have different statements about the National Treatment, these two definitions are unanimous in law and have no essential difference in practice. To understand the National Treatment correctly, we must start from its relevance, which is also proved in the international investment. According to the comparative analysis of the international investment regulations, National Treatment is adopted by a large number of bilateral and multilateral treaties, which becomes a trend of the international investment regulations. Developing countries should base on the need of opening-up and their countries' economic power, and gain the same treatment of the foreign investors. Meanwhile, the effects and influences of the international laws are taken into serious consideration: taking care of the developed countries' abuse of the rights in explaining the treaties and using the exceptions of treaties swiftly to protect their countries' economic authority.Based on the current foreign investment laws in China, the situation of the treatment of the foreign investment is "encourage and restrict", which manifests in the following: seldom promise the citizen the right in the protective agreements of the bilateral investment, or restrict the citizen in the treaties; raise some favorable measures for the foreign investors while restrict them, such as the tax favorable measure. In order to make good use of the foreign investment, what we need to do now is to revise and improve our regulations related to investment treatment. The revise of the foreign investment law needs reformations in the following five aspects: unit the standards of the whole country, use the favorable measures under the WTO regulations, and gradually cancel the no coincident favorable measures between the current law and the citizen's treatment and so on. At last the National Treatment regulations are set up based on the foreign investment laws.