Study Of Foreign National Treatment To Legal Issues

With the development of the globalization of the world economy, bilateral and multilateral treaties on international investment have been increasing ,meanwhile,the standard of international investment treatment has been one of the controversial and troublesome questions among contracting parties.For host countries,the standard of international investment treatment is actually that of foreigner treatment which reflects in the field of international investment and forms the base of the state's law environment.The liberalization of international investment requires fair and reasonable competition rules. Competitive bodies need to be put on an equal footing,and national treatment is the essential factor which can keep this equal footing.Therefore,to study national treatment of foreign investment and give appropriate national treatment to foreign investment is advantageous to solution of disputes between host countries and investors,which turns to be very important for the development of our state economy.The thesis includes four parts:The first part mainly describes international investment which consists of Foreign Direct Investment and Foreign Portfolio Investment. FDI forms the main part of international investment and can cause a series of positive or negative influence.Most host countries acts carefully with FDI, from which the disputes between host countries and investors come.The second part analyzes the national treatment standard of foreign investment, which is a highlight of innovation of this thesis. The principles of national treatment standard should comprises the principle of respecting state sovereignty, that of mutual benefit and equity, that of proceeding from national conditions and that of coordinating international economy. The applicable subject of national treatment should be foreign investors, but not foreign-funded enterprise; the applicable object should be the action of foreign investing,but not foreign investors.This part also describes the value-judgement of national treatment and the distinction among national treatment,preferential treatment and restrictive treatment.The third part: WTO treaties mainly regulate the field of international trade, in which related principles and rules possess important reference value for the field of international investment. GATT(1994), TRIMs treaties. GATS. TRIPs treaties all comprise rules on national treatment, which make clear the trend of liberalization of international investment. But so far as the actual situation,there must be a long way until national treatment become one compulsory principle in the field of international investment.The fourth part concerns how to reform the national treatment of foreign investment in current foreign investment law of China, which is also a highlight of innovation of this thesis. China has granted foreign investment national treatment in the invest-protecting treaties signed so far. For the aim to become one qualified member of WTO and make our law systerm more scientific, we should reform or rebuild the current legislative framework, work out foreign investment law and enterprise law separately, that is, apply the same enterprise law to both domestic and foreign investment and then apply foreign investment law specialy to the treatment of foreign investment different from that of domestic investment, which can make our law systerm accord with the state situation and international trend.