Research On The FTA Investment Rules United States Signed

Economic globalization has become more profoundly and specific, the role of international investment in promoting international economic development has become increasingly prominent, and international investment rules are constantly upgrading and evolving. Currently, the global multilateral investment agreement has not been reached, in the promoting of regional economic integration, more and more countries reached traditional bilateral investment agreements (hereinafter referred to as the "BIT"),at the same time,they establish cross-border investment arrangements through free trade agreements (hereinafter " FTA "). Compared BIT, FTAs have more comprehensive coverage of investment arrangements, they can reflect the interaction between national investment and trade better, their signals on attracting investment are more visible.The United States is the leading advocate and promoter of FTA and investment liberalization in the world,highly investment liberalization arrangements have always been an important issue in U.S. FTA negotiations. As a pioneer and leader in some sense, American FTA investment rules established a complete system of rules,covered the investment-related legal content comprehensively,set an example for the rest country of the world to conduct investment cooperation and legal arrangements through the FTA,lead the latest situation of international investment freedom,reflect the latest trends in international investment law. This paper attempts to base on the theories of international investment law and regional investment rules, with the analysis on the evolution of the important elements in core terms in FTA investment rules United States signed,such as the scope of investment rules, investmenttreatment,investment protection,investment dispute settlement,summarized and contrasted American FTA investment in order to clarify the basic elements and structure of American FTA investment rules, and analyze the development characteristics, and explore the causes and effects of these characteristics, and then analyzed the significance of American FTA investment rules development for international investment law and establishing the global multilateral investment rules pattern, combined with the current situation of China-US BIT negotiations, from the values implied in American FTA investment rules,provide advice on the policy mode of China to deal with " national treatment before admission+negative list".During the study,the author used the methods of comparative analysis,combined with the study of history,literature analysis, statistical data to analyze the development of American FTA investment rules.The discussion for investment rules is comprehensive and focused,the author select definition of investment and investors, national treatment,MFN,fair and equitable treatment,direct expropriation,indirect expropriation,compensation,investment and dispute settlement as the core elements related to American FTA investment rules to analyze,which is vital on the interests of investors and the host country,these developments and changes in the definition of the core elements, such as the definition of investment from the closed-defined way to a hybrid approach, national treatment, MFN and fair and equitable treatment of the Trinity high standards and fair and equitable treatment standard gradually clear, definition of indirect expropriation and the standard of,compensation gradually improved, investment dispute settlement mechanism through ISDM innovations to its abandonment,these characteristics have important implications for exploring the development nature of American FTA investment rules.The text of this paper is divided into four chapters, the main contents are as follows:The introduction described the development of the world economy and the importance of the regional investment rules in international investment legislation then pointed out the significance of this paper focused on American FTA investment rules simply.The first chapter outlined the U.S. FTA investment rules. This section describes the status of FTA investment rules in international investment law briefly, and foreshadowing the basic theory of direct investment, indirect investment, international investment law system and so on, then summarized the status of the U.S. global strategy and development of FTA, and based on its different regions in the world,introduced each FTA from the time of signing, background, the situation of investment rules.The second chapter focused on the scope of the investment rules,treatment of investment, investment protection and investment disputes settlement, select the definition of investment and investor, national treatment, most favored nation treatment, fair and equitable treatment, expropriation and compensation, investment dispute settlement mechanism as core investment to analyze the characteristics of the evolution of American FTA investment rules, and then explore the essence of its development.The third chapter analyzed the revelation of American FTA investment rules for global multilateral investment rules established pattern. The first part introduced the status of international multilateral investment legislation, and then analyzed the necessity of establishing a global multilateral investment rules, focus on two aspects including the base found by American FTA investment rules for a global multilateral investment rules and the experiences and lessons they provided.The fourth chapter analyzed the revelation of American FTA investment rules for China to participate effectively in the China-US BIT negotiations. This section introduces the history of China-US mutual investments as well as the evolution of China-US BIT negotiations, and then analyze the meaning and focus of China-US BIT negotiations, combined with the foregoing analysis of the characteristics of American FTA investment rules, from the positions and values of United States in international investment rule, raised personal recommendations on China to participate effectively in the China-US BIT negotiations, especially to deal with " negative list" issues.