A Study On The Legal Problems Of National Treatment Before International Investment

Pre-establishment national treatment is a kind of foreign investment treatment which is based on justice and maximizes investment liberalization, and it is the highest level foreign investment treatment ever existed. At present, our country has established a foreign investment management pattern called pre-establishment national treatment+ negative listings, and carried out it first in Shanghai Free Trade Zone as experimental area which made opening-up force reform.At first, the article studied the relevant issues of pre-establishment national treatment in theory, and explored its development history and clarified the meaning itself, at the same time, comparing of relevant foreign investment treatments deduced the relationship between national economic sovereignty and pre-establishment national treatment. Second, from the view of international legislation, the article made a lateral contrastive analysis about the relevant ruling of pre-establishment national treatment in terms of bilateral, multilateral and regional investment treaty. Last, in order to match Chinese legal system, the writer proposed 8 suggestions considering that the present practice of pre-establishment national treatment in our country.