Research On National Treatment Concerning The Admission Of Foreign Investment

Since the first use of national treatment in the stage of the admission of foreign investment, National treatment increasingly becomes a norm in protecting the host countries’overseas investments. In the recent years, the processes of Bilateral Investment Treaties and Multilateral Agreement on investment show that, National treatment in the stage of the admission of foreign investment has been a trend in the development of international investment.With the deepening of Reform and Opening-up Development, China has practiced in domestic law and international legislation in order to promote the overseas investments and to protect the domestic enterprises. However, the treatments of Chinese overseas investment in other countries are not the same as the laws, and there are so many kinds of nominal investment barriers. So, it’s critical to deal with the barriers of our overseas investment and balance the interest between China and the capital-importing country. This article through to foreign access stage national treatment of protection theory analysis, discusses the national treatment to foreign access stage in Bilateral Investment Treaties to protect, Multilateral Investment Agreements and national legislation in the blank embodied and legislation, and to our country in to deal with the international investment liberalization in the process of the attitude and inadequate legislation is analyzed, in order to the improvement of the relevant measures, and put forward some improving measures.The paper is divided into four chapters, including:Chapter 1 is the legal theory on National treatment in the stage of the admission of foreign investment. It focus mainly on the origin and development of National treatment in the stage of the admission of foreign investment, three treatment standards’contrast on the admission of foreign investment, and the relationship unity oi opposites between opening up and national economic security.Chapter 2 is the rule and enlightenment of the international legal system in National treatment in the stage of the admission of foreign investment. It analyzes the realization of National treatment in international law from Bilateral Investment Treaty and Multilateral Agreement on Investment. Then it discusses the enlightenment for our country in the stage of the admission of foreign investment. Chapter 3 is the rule and enlightenment of other country in National treatment in the stage of the admission of foreign investment. This chapter mainly analyzes the domestic legal system from two fields of the developed countries and the developing countries. Then it discusses the enlightenment for our country in the stage of the admission of foreign investment.Chapter 4 is the analysis necessity and countermeasure in China’s overseas investment in National treatment. This chapter analyzes the legal defects and the black in law enforcement, of the protection in Chinese overseas investment, discuss the problems in BITs, then give some advises and countermeasures for the protection of National treatment in the stage of the admission of foreign investment.