Study On The Legal Issue Of The National Treatment In The Market Admission Phase Of International Direct Investment

Within the development of economic globalization,the economies of various countries and regions across the world has been merging into an interdependent system.Capital flowes across different countries with a higher frequency.International investment,especially the international direct investment has become the main capital-flow destination and economy-increasing driver of capital-exporting countries, which mainly comprised by developed countries.And it also became a very important impetus of developing countries in pushing the development of their economy. International direct investment showed a trend of liberalization.National treatment was gradually introduced into the market admission phase.The existing rules could not meet the needs of the fast development of economic globalization and foreign investment liberation,because of its limits in the scope of application.This article builts a comprehensive and imperative perspective on global framwork of multilateral investment,and conducts an in-depth study on national treatment in the market admission phase.This article starts with analyzing the generating background of international direct investment market admission.And on the basis of explaining the basic theory of national treatment in the international direct investment market admission phase,the article introduces the bilateral and multilateral practice.Then the article concluds the legislating case into two parts.One is the legislating case of the national treatment without applying to the international direct investment market admission phase,the other is the legislating case of the national treatment applying to the international direct investment market admission phase.Then the article divides the later part into three cases.The first is the legislating case of "undertaking national treatment obligation in principle with list of exceptions",the second is the legislating case of "not undertaking national treatment obligation in principle with positive list",the third is the legislating case of"complete national treatment in the market admission phase".Then it makes the comparative study among the legislating cases.At last,it puts forward an ought-to-be option for national treatment legislation in the international direct investment market admission phase in the global multilateral investment framework.