Bilateral Investment Treaties Investment In The Treatment Of Research

Articles of the treatment of foreign investment are an important part of a bilateral investment treaty. The treatment of foreign investment decides the legal status of foreign investors and investment in the host state. So it is the basic component of the investment environment of a country and it has always been the focus of the investors'attention.This thesis first analyzes the content of the Articles of investment treatment and its development, and then discusses the following issues based on the policy and the situation of China. Issue one, the expression and the content of national treatment, most-favored-nation treatment and fair and equitable treatment. Issue two, whether the pre-establishment national treatment is suitable for China. Issue three, the expansion of most-favored-nation treatment in the domain of procedural item. Issue four, the dispute related to fair and equitable treatment, such as the content, the explanation, and the character of this standard. Meanwhile, this thesis gives some advice on the amendment or the signing of a new bilateral investment treaty in the future. The standpoint of this thesis is that China needs its own model BIT to make the treatment standards clear in both the language using and the essential content. Pre-establishment national treatment is impractical in China, and the trend of the liberalization of international investment should not be a reason for its implementation. It is the dispute settlement articles not the expansion of most-favored-nation treatment that should be amended. However, national treatment and most-favored-nation treatment should be restricted to protect the public interest and the security of the state. And despite the abstract of the standard brings flexibility, fair and equitable treatment should be clear in order to reduce the risk if it is under dispute.