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Study Of International Investment Standards For The Treatment Of Their Relationship

Posted on:2008-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiuFull Text:PDF
GTID:2206360215496741Subject:International Law
Abstract/Summary:PDF Full Text Request
With the further development of economic globalization, international investment is an important power to promote world economy. And with the rapid development of international investment, the disputes about the principles and standards given to foreign investments rise gradually. Foreign investment, also called international investment, refers to the investors' rights and duties given by the host countries. International investment treatment issue is an important part of the legislation on foreign investment, and the key clause as well. In the field of transnational investment, there are 3 main treatment standards, i.e. national treatment standard, most-favored-nation treatment standard, equitable and fair treatment standard. However, different opinions on the definition, object and the scope of application of these 3 treatment standards still remain among different peoples. Therefore, by analyzing the laws relative to these 3 treatment standards, the writer wants to get a clear understanding of their main contents and tendencies.There are six sections in the paper as the following:Section one will give a general description of the international investment standards. This section is made up of three parts. Part one is to describe the present situation and properties of international investment. Part 2 is to explain about the connotation of international investment treatment standards as well as their position in international investment law. In the final part, the writer wants to illustrate the beneficiary subjects and objects of international investment treatment system, including foreign investors, the investments and the activities relative to the investment.Section 2 is about the issue of national treatment standard, which is the largest part of the whole passage. Firstly, the writer wants to discuss the issue of the definition of national treatment. As we know, it is given definitions from two different ways. One is by way of the expression of "no less favorable ...than". The other is by way of "as the same favorable as". In this part, the write will give a full comparison between the two definitions. Secondly, the writer wants to make it clear, from the point of international law, that whether or not to give national treatment to foreign investment is not the obligation derived from international law, but belongs to the sovereignty of the host people. Finally, the writer will introduce various exceptions to national treatment.Section 3 will discuss the issue of most-favored-nation treatment standard. There are three parts in the section. Part one is about the definition and object of this standard. In the second part. the writer will, from the point of bilateral and multilateral investment treaties respectively, present various forms of international investment laws and regulations on most-favored-nation treatment standard. Part three deals with its application and exceptions.Section 4 is about the issue of equitable and fair treatment standard which consists of two points. One is about its definition and object; the other is about the relative rules and regulations concluded in international investment agreements.Section 5 is the issue of comparison among the above three mentioned standards, i.e. the differences and relations among national treatment standard, most-favored-nation treatment standard and equitable and fair treatment standard.Section 6 is to introduce the relative legislation and practice on foreign investment of China. The first part is the introduction to China's relative legislation. Part two is to discuss the issue of "the unification of tax rate on inland enterprises and foreign ones".There are several innovations worth to be mentioned in the paper:First, the writer extends the main three treatment standards systematically.Secondly, in the section of national treatment, the writer divides the process of international investment into two different periods, i.e. pre-establishment phase and post-establishment phase.Thirdly, by listing the relatively important international laws and agreements, such as BIT (USA), NAFTA, ECT, MAI, WTO, etc., the writer hopes to find out the exact content and the developing tendency of international treatment system.
Keywords/Search Tags:international investment, national treatment, most-favored-nation treatment, equitable and fair treatment
PDF Full Text Request
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