The Main Legal Divergences Of The China-USA BIT Negotiation And The Countermeasures

China-USA BIT negotiation dates back to1980, and formally restart in2008after a twenty years suspension. Both the two governments pay much attentionon the negotiation but were frustrated by a variety of causes. China–USABIT negotiation restart in October2012, under this background, I will discussthe legal divergences of the negotiation and try to pass an opinion on theChinese countermeasures in this thesis. How to regard the divergences andproperly deal with them is the most significant part of this thesis under thenew situation.Countries have divergent views on the issues of the definition ofinvestment and the national treatment through ages, the development anddeveloped countries argued on those problems hotly. Investment liberalizationbecomes a general trend with the economic development and amalgamation. Thusthe development and developed countries compromised on some issues in IIAnegations. After analyze the divergences on the definition of the investmentand national treatment in the world, I will discuss the divergences betweenChina and the USA, and try to give some countermeasures for China.This thesis consists of three chapters. The first chapter introduces the evolution and motion of the China-USABIT negation, we can have a touch of the complicated and difficult of thenegation and the good wish of both the two countries.Chapter two and three is the emphasis of this thesis.The second chapter elaborates the legal divergences of the definition ofinvestment and national treatment between China and the USA. With regard tothe definition of the investment, after the review the course of definitiondevelopment and the policy choices in the world, I will point out thedivergences between China and the USA. With regard to national treatment, basedon the analysis of the arguments on it, the divergences between China and theUSA are the focus of this thesis.The chapter three tries to give some advices on the countermeasures ofchina by three different phases form the pre-negotiation to thepost-negotiation.