Study Of Bilateral Investment Agreements, Legal Issues In The United States And Canada

The promotion and protection of international investment, relying on the strength of a country are difficult to achieve, the necessary international co-operation and coordination. International investment to create a favorable investment environment, it is necessary to use international treaties and bilateral investment treaties in the maintenance of international investment environment played an enormous role in the promotion of international investment are the most beneficial measures. In this paper, detailed and fully discussed the definition of international investment in the international bilateral investment treaties in the form of expression, with emphasis on China, the United States, Canada's bilateral investment treaties in the definition of investment, an analysis of the difference between them and pointed out that their definition of the use of different investment reasons, in order to facilitate understanding and more convincing, the authors also cited because of different definitions of investment which led to the arbitration case. NAFTA is the United States, Canada take part in an important inter-regional trade protection treaty, this article from the provisions of NAFTA and the practical aspects of the elaborated. Foreign investors to invest in the host country are most concerned about when a problem is the issue of investment protection, while the core issue of investment protection standards for the treatment of problem are investors. Standards of treatment in the host country of the foreign investment essentially decide the legal status of the host country. It is not only a direct bearing on the interests of foreign investors and the interests of the host country, and with the country's sovereignty, imposed with the nationalization of diplomatic protection, the state duty, such as a series of sensitive legal issues in international politics is also closely related, so it is an international investment relations a prerequisite for the question, In view of this, all countries in the world established in its domestic law or with foreign countries to conclude an international treaty to make specific provisions. The author analyzed the current international popular on absolute and relative standards of treatment of two types of investment, and China, the United States and Canada as one of the authors of the country to be a typical comparison and analysis. With the continuous development of international investment, international disputes also continue to occur, how fast and effective resolution of international disputes to the international community has become a hot problem. Comparative analysis of the author of the international community's traditional means of dispute settlement in their respective strengths and weaknesses, so as to arrive at the arbitration is an effective dispute settlement of international investment, ICSID as an authoritative international investment dispute arbitration institutions, Freedom in the international investment treaties of the trend, some developing countries have accepted the ICSID at the liberalization of international investment treaties and the ICSID jurisdiction of a comprehensive, broad definition of the indirect collection of the liberalization of the terms of the foreign jurisdiction to the country challenges, to that end, should be exceptions taken to limit the indirect defense of the terms of acquisition, etc., based on the country in order to protect the environment, national security policy to foreign investment necessary to implement the necessary control measures. Since 1998, China's investment in the growing liberalization of the contents of the treaty, research at BIT in the defense to take appropriate provisions to prevent recurrence of similar power inadvertently learned of Argentina, is currently China's BIT practice, an urgent need, the author expounded be re-ink. And NAFTA as an important regional trade treaties, dispute settlement between member States of the provisions of the way and learn from nature is typical, the authors put it in Chapter III and discuss ICSID. The author uses the example of comparison and analysis methods, separately listed in China, the United States, Canada, the three countries, bilateral investment treaties, and standards for the treatment of different forms of dispute resolution, not only to find even more to find the same difference from the actual situation, the international environment and awareness of Morphological analysis was carried out. Finally this article on China's international investment in the future negotiations with other countries on how to eliminate the differences and take the initiative and put forward proposals of their own.