Study On The National Treatment Clauses In Bilateral Investment Treaties

Among the international investment treatment standard in modern society, national treatment have the most direct influence on the legal system of all countries. In recent years, both the arbitration cases accepted by ICSID and arbitrations initiated according to article1102, NAFTA involved the applying of national treatment clause.However, there has been much debate involved and there is no systematic and consistent analysis method at present. In arbitration cases, the difference of all the analysis methods in arbitration tribunals results in the different conclusions. The research on analysis method of the national treatment clauses and the balance of the interests of foreign investors and the host countries are crucial to China, which investment identity has already changed.This paper analysis the wording and expression pattern of the BIT national treatment clauses, combining investment arbitration tribunal to analyze the methods and suggestions of this clause and to explore the proper method of national treatment. At last, according to the current situation of BIT in home and abroad, this paper raises suggestions that according to different identities of China in bilateral investment relationship, different national treatment clauses models will be designed. This paper takes BIT national treatment clauses as the center, explores in detail the definition and wording usage of the national treatment in the contract, analyses the method of this clause and the current situation of BIT in home and abroad, problems and solutions.This paper includes introduction, body and conclusion and the body includes five chapters:The first chapter is the introduction of the BIT national treatment clauses. This chapter includes three parts, which are the definition, the features, the origin and the development of the national treatment clauses.The second chapter is the sign implement of the BIT national treatment clauses. According to the sign implement of all the countries in the world, this chapter briefly introduces six features of the expression patterns of national treatment at the present stage.The third chapter is basis of reference of the BIT national treatment clauses. This chapter includes four parts. Based on the analysis of the act of arbitration related to national treatment, this chapter analyses and concludes the related factors needed by the clause with the normal methods used by arbitral practice. At last, this chapter evaluates the basis of reference of arbitral practice.The forth chapter is the "no less favorable treatment" problem of the BIT national treatment clauses. This chapter includes three parts, in which are basic problems of treatment, the relation between national treatment and other treatment and the evaluation of treatment standard of this clause.The fifth chapter is the current situation and countermeasure of China. This chapter includes two parts. The first part cleans up the current situation of the arbitral practice of the BIT national treatment in home and aboard and evaluates the arbitral practice of BIT in home and aboard. Starting from different identities of China in the bilateral investment relationship, the second part designs national treatment clause model for different contracting parties.