The Legal Problem And Strategy Research Of China And The United States Bilateral Investment Treaty

International investment has increasingly become one of the most importantforms of economic cooperation between countries. As the adjustment of investmentactivities among countries, Bilateral Investment Treaty (abbreviated as "BIT"), is themost important international legal action to adjust the relations of internationalinvestment. The best way to guarantee investment security is the signing of bilateralinvestment treaties which are sound, workable, and enforceable. The promotion andprotection of international investment, relying on the strength of a country aredifficult to achieve, the necessary international co-operation and coordination, andinternational investment to create a favorable investment environment. It is necessaryto use international treaties and bilateral investment treaty in the maintenance ofinternational investment environment played an enormous role in the promotion ofinternational investment is the most beneficial measures. It’s very important to buildup the BIT between China and the United States which as the largest investmentimporter and exporter within the world. Actually, China-US BIT negotiationlaunched in2008, and two sides discussed on investment definition, nationaltreatment and negative list for many time. And they move to the stage of text talks.Especially, after Shanghai free trade zone was established in2013, our country withinthe free trade zone in a negative list mode for admittance of foreign capitalmanagement, which is a new exploration. In order to sign a China-US bilateralinvestment treaty smoothly, it is of great significance to elaborate and makecomprehensive analysis to the divergences between China and the United States’bilateral investment treaty.Through the analysis of evolution and background of China-US BIT negotiation,combined with the status quo of Shanghai Free Trade Zone, this paper analyzes theexisting problems and differences in China-US BIT negotiations and put forwardsome constructive suggestions about these problems and differences, such as insistingthe host country’s laws and regulations restrict on the definition of investment,adhering to the gradual and orderly opening on the formulation of negative list, in order to safeguard the interests of our country and foreign investors.