Font Size: a A A

Study On The Legal Issues Of Fair And Equitable Treatment In Foreign Investment

Posted on:2009-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:G S BaoFull Text:PDF
GTID:2166360278971420Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As one of the standards in international investment treaties, Fair and Equitable Treatment Standards for the treatment of foreign investment has been widely adopted. But scholars of different countries hold different viewpoints on the definition of the standards. The issue of international investment is not only directly concerned with the rights and obligations of investors, but also with the interests of the host country of investment and the home country of the investment. That's why it's the focal point of all parties .As a developing country, China should seek balance between the investmental liberalization and the country's economic security based on our own conditions. This dissertation takes the issue of Fair and Equitable Treatment Standard as the topic, hoping to put forward some proposals for our country to participate in international investment agreements.This dissertation is divided into the following four parts: first ,the history and content of the standard; second, comparative analysis of the standard and other ones; then analysis of existing problems of implementation of the treatment in the international community and of the implementation process; in the end , the legal status of Fair and Equitable Treatment Standard in China and the strategies to deal with the implementation of the standard.In this dissertation, comparative analysis, positive analysis, analysis of the induction, historical analysis are applied to study the standard in the current international investment treaty, analyzing the development trend of the standard during the international investment liberalization process to reveal the essence of the treatment of foreign investments and the relationship between them. On the basis of it, the author has systematic analysis and in-depth analysis on the issue of Fair and Equitable Treatment Standard in order to provide our country useful references for the flexibility in the use of the terms and for the practice in international investment.
Keywords/Search Tags:Fair and Equitable Treatment, international direct investment, international investment treaty
PDF Full Text Request
Related items