Research On Rules Of Canada-China Bilateral Investment Treaty

China is changing her identity in the field of international investment by adding an investment home country role to a merely investment destination. Under the “new normal” era of development, Chinese government has continued encouraging enterprises to carry on the strategy that integrating “going out” and “bringing in”, pushing forward the coordinated development of outbound investment and utilization of foreign investment. From the perspective of China, with the increasing of China’s outward investment and playing an active part in the formulating international investment rules, it is essential to adjust and upgrade the existing bilateral investment treaties in order to establish a new system of investment management. Agreement between the Government of Canada and the Government of the People’s Republic of China for the Promotion and Reciprocal Protection of Investments(hereinafter referred to as Canada-China BIT) is the lasted bilateral investment treaty of China, which also is the most comprehensive one so far in China. Canada-China BIT represents the new developing tendency in the transition period of China.Based on the Canada-China BIT text, this paper explores three related rule, they are Admission, Expropriation and Exception for Financial Prudential Measures. Through comparative analysis of other investment treaties and investment rules in the free trade agreements, this paper comes into a conclusion of the characteristics and reasons of the selected articles in Canada-China BIT, giving some suggestions according to the analysis.The first part describes the background and the text of Canada-China BIT, including the status quo of investments between China and Canada, the main content of the text. Canada-China BIT is composed by the definition of the terms, substantive rules, procedural rules and exceptions.The second part presents the legal issues of admission, starts at the basic concepts and the evolution of admission, making a more detailed discussion on the national treatment standards of admission, combined with the current legislative practice, points out the weak points and make suggestions.The third part begins with the precondition of expropriation, followed by the compensation criteria of expropriation, and indirect expropriation in the end. Combined with the relevant provisions, this paper analyzes the background and reasons behind the expropriation rules, and predicts the trend of similar article in the future.The last part discuss the history of exception for financial prudential measures, focus on the international investment treaties practices, deepening the understanding of its concept and function, evaluating the innovation of the Canada-China BIT.